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HomeMy WebLinkAbout2016-0607 Council Agenda PACKET CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Off-jeer 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 June 7, 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 Il. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Study Session of May 16, 2016 2. Executive Session of May 16, 2016 3. Business Meeting of May 17, 2016 VI. SPECIAL PRESENTATIONS & AWARDS 1. Proclamation of June 14, 2016 as Flag Day 2. Proclamation of June 20 - 26, 2016 as National Pollinator Week 3. Proclamation of June 20, 2016 as Palo Alto Chamber Orchestra Day 4. Proclamation thanking the City of Storm Lake, Iowa 5. Annual presentation by the City Band Board 6. Presentation of Business Retention and Expansion survey results 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 2. Approval of theater corridor public art RFQ COUNCIL, MEETINGS ARE BROADCAST LIVE OIL CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US 3. Authorization to apply for a grant to hire one additional police officer for three years 4. Approval of a class-special procurement for asphalt patching 5. Approval of a class-special procurement for fuel purchases 6. Contract with Pathway Enterprises to provide janitorial services 7. Approval of a class-special procurement for vehicle and equipment repairs and maintenance 8. Approval of a change order in excess of 25% for concrete work at Reeder Hydro Powerhouse 9. A resolution changing parking fees and fines and repealing Resolution 2016- 03 10.A resolution approving the formation of the Rogue Valley Heritage District 11. Acceptance of trail easements 12.A resolution authorizing a 2.5 MGD water treatment plant Infrastructure Financing Authority loan 13. TGM Grant application approval for a Transportation System Plan update 14. Declaration and authorization to dispose of surplus property in a sealed bid auction 15. Intergovernmental Agreement with Jackson County for Forest Patrol 16.Approval of a resolution titled, "A resolution of the City Council amending the 2015-2017 biennium budget to add 3.0 FTE to the Fire Department budget" 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.) 1. Public hearing and approval of resolutions titled, "A resolution certifying that the City of Ashland provides the following four or more municipal services enumerated Section 1, ORS221.760" and "A resolution declaring the City's election to receive State revenues" and first reading by title only of an ordinance titled, "An ordinance levying taxes for the period of July 1, 2016 to and including June 30, 2017, such taxes in the sum of $11,088,369 upon all the real and personal property subject to assessment and levy within the corporate limits of the City of Ashland, Jackson County, Oregon" and move onto second reading 2. Public hearing and first reading by title only of an ordinance titled, "An ordinance modifying the Verde Village Subdivision's Development Agreement to allow changes to the property lines, building envelopes, number of detached and attached units, approved landscaping plan, and approved public/private space plan for Phase II, the single family portion of the subdivision" and move onto second reading X. UNFINISHED BUSINESS 1. Approval of a resolution titled, "A resolution of the City of Ashland, Jackson 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 May 16, 2016 Page 1 of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, May 16, 2016 Siskiyou Room, 51 Winburn Way Council Chair Rosenthal called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Morris, Voisin, and Marsh were present. Mayor Stromberg and Councilor Lemhouse were absent. Councilor Seffinger arrived at 5:33 p.m. 1. Public Input Paul Rostykus/436 Grandview Drive/Addressed safety issues regarding the guardrail at 340 Grandview and questioned the exemptions and justification. Perii Owen/500 Grandview Drive/Also addressed safety concerns with the guardrail at 340 Grandview Drive, and referred to Traffic Safety Commission minutes from March 18, 2010 regarding the area. She suggested using safe route to school grant funds to correct safety issues. John Owen/500 Grandview Drive/Shared mitigation efforts discussed by the Traffic Safety Commission during the March 18, 2010 meeting regarding Grandview Drive. He suggested using lignin sulfonate instead of a chip sealer on the road. It might make speed bumps possible. Debbie Fitzpatrick/450 Orchard Street/Further explained pedestrian safety issues that occurred on Grandview and how the guardrail imperiled pedestrians and drivers. City Administrator Dave Kanner explained the Public Works Department was working on a variety of solutions and planned to meet with the neighbors soon. Council suggested having the item brought to a future Council meeting after staff met with the neighbors. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion of Jail Bed Rental Agreement with Jackson County Assistant City Attorney Doug McGeary explained law enforcement would forward a written report and a computerized criminal history (CCH) to the Legal Department. The person in question was either lodged in jail or arrested and in lieu of jail, given a citation and released. A violation was a non-criminal offense. There was no jail sanction associated with violations unless it was contempt of court. Criminal offense consisted of misdemeanors or felonies. A felony could involve state prison. Often felonies received a jail sentence instead of a prison term. Mr. McGeary would use the report and CCH to determine whether to endorse the citation. The Police Department forwarded a probable cause statement instead of a written report if the individual was in jail. If the Legal Department endorsed the citation or ticket, Mr. McGeary would forward a recommendation to the Municipal Court Judge for consideration. If there was not enough evidence to prove the case, he returned the report to the Police Department. Often people found guilty went to the Talent Work Center instead of jail. Serious crimes went through the circuit court. They would use the jail beds for post-conviction only and most likely consider using them 3 to 4 times a year. Municipal Court Judge Pamela Turner distributed copies of the Legal recommendations submitted by the Legal Department. She reviewed this information with the defendant. It was a fluid situation and the Judge did not always act on the recommendations. If the decision resulted in sending the defendant to Talent Work Center, the Court called the Center to ensure capacity. The Court also confirmed if the defendant City Council Study Session May 16, 2016 Page 2 of 2 was eligible for the work center and had not previously walked away. Judge Turner shared a recent incident with a defendant regarding the jail bed rentals. Just the threat alone of going to jail was a strong deterrent. Ordering jail time carne after many considerations and depended on the severity of the offense, input from the victims, the defendant's criminal history, as well as drug and alcohol abuse. If someone failed to appear for sentencing, the Judge issued a bench warrant. 4. Presentation regarding Ashland's historic districts (request of Historic Commission) George Kramer, M.S., HP provided background on how the Historic Commission started. The population of Ashland grew 64% between 1940 and 1950. It was during that time Ashland began converting from a mill town to tourism. From 1950 to 1960, the town grew only 17%. He noted several historic buildings demolished between 1940 and in the 1960s. The demolitions in the 1960s prompted the recall of one City Councilor and the firing of the City Administrator. The City created a historic advisory committee in the early 1970s that established historic districts. In 1976, the City formed the Historic Commission officially. In 1984, the Cultural Inventory for Downtown began and was finalized in 1990. It consisted of six volumes. The four historic districts included Siskiyou-Hargadine, Skidmore Academy, the Rail Road addition, and the downtown. The City converted all four districts to the national register district between 1999 and 2001. In 1972, the City began a process to set aside the core area because it valued what those areas represented. Mr. Kramer felt that was the charge of the Historic Commission to protect the character of the historic areas and enhance them. There were conflicts having successful historic districts that often required negotiation between the Historic Commission, the planning and building code, and the need to manage changes. Other complications were infill versus refusing to expand the urban growth area.. Good historic preservation understood the traces made from decisions to change. In a historic district, the newest building should not be the first thing someone noticed. Design inside a historic district should reflect the qualities of those areas that caused the City to set them aside originally and not overwhelm them. The scale of the sculpture "Gather" for the Gateway Art Project Marsh Gateway Art Project was an example of having something new overshadow a historic area. Public art in a historic district needed to fit in at a pedestrian scale. 5. Discussion of the volunteer thank you event (request of Councilor Marsh) Council supported having the volunteer event at Oak Knoll Golf Course Sunday August 28, 2016. Meeting adjourned at 6:56 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Business Meeting May 17, 2016 Page 1 of 7 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 17, 2016 Council Chambers 1175 E. Main Street CALL TO ORDER Council Chair Rosenthal called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Seffinger, and Marsh were present. Mayor Stromberg and Councilor Lemhouse were absent. MAYOR'S ANNOUNCEMENTS (None) APPROVAL OF MINUTES The minutes of the Study Session of May 2, 2016 and Business Meeting of May 3, 2016 were approved as presented. SPECIAL PRESENTATIONS & AWARDS The Mayor's proclamation of May 16 - 22, 2016 as American Craft Beer Week was read aloud. City Attorney Dave Lohman explained the role of the Council Chair and that the Chair could vote and participate in discussion and debate. Councilor Voisin requested that the Health Care Resolution be sooner on the agenda. Council consensus moved item XII to follow the Consent Agenda. Fire Adapted Communities Coordinator Alison Lerch and Wildfire Mitigation Commission Chair Victoria Sturtevant presented the annual Wildfire Mitigation Commission report. Chair Sturtevant read the Commission's statement and shared the history of the commission. Ms. Lerch added that Ashland is one of the most active Firewise communities in the State. She noted that Firewise Cleanup Day happened on April 30, 2016 and was very successful. She went on to explain the National Fire Adapted Communities Network and that Ashland was a model for that network. The Commission would host a Fire Adapted Communities exchange in June 21-23, 2016. Wildfire Mitigation Commission was also working on recovery, readiness, and evacuation and the Community Wildfire Protection Plan (CWPP). They are working with the Chamber of Commerce and the Rogue Valley Council of Governments (RVCOG) and ongoing projects with the Forest Commission. The Commission was working with Fire District 5 on creating the first joint Firewise community. PUBLIC FORUM Cole Barnes/450 Wightman Street/Stated that he is a student at Southern Oregon University and presented information he had obtained on stigmatization and the homelessness community. Huelz Gutcheon/2253 Hwy 99/Spoke on global warming, big business participation in remedying the issue, and what other countries were doing, and the advancement of solar power. The Obama administration was suing Exxon for its role covering up knowledge in the 1960s and 1970s that carbon fuels would heat up the planet. City Council Business Meeting May 17, 2016 Page 2 of 7 CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Ambulance Operator's License renewal Councilor Seffinger/Morris m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of a Resolution titled, "A resolution of the City of Ashland, Jackson County, Oregon, to submit to Ashland electors at the November 8, 2016 General Election an advisory question on instructing the 2017 Oregon Legislature to create a transparent public process to design a system that provides timely access to affordable comprehensive health care for all Oregon residents, ensures choice of provider, has effective cost controls, equitable access, and a focus on preventative care" Councilor Voisin explained that healthcare for all of Oregon was about seeing healthcare as a human right. This is a grassroots, non-profit organization working for an equitable and affordable, comprehensive, high quality, publicly funded, universal healthcare system serving everyone in Oregon and the nation. They wanted healthcare based on patient needs rather than profits. Healthcare that focused on prevention and effective treatment and improved medical outcomes. Wes Brain/298 Garfield Street/Read from a document submitted into the record written by Dr. Patrick Honsinger. Dr. Paul Fisher/505 Ashland Street/Read from a document he submitted into the record supporting the resolution. Councilor Marsh confirmed the resolution urged the legislature to take action on a study currently in process and but that no one knew what the outcome would be. It was important to represent what was in the resolution when talking to citizens. Dr. Sandra Coyner/1160 Fern Street/She explained that putting this on the ballot was part of a larger plan from Healthcare for all Oregon. Single payer was the best way to achieve the specific objectives laid out in the legislature. She noted language Mayor Stromberg had suggested then spoke to single payer and submitted a document into the record. Council had not seen the suggested language proposed by the Mayor. Dr. Coyner noted a few words changes recommended by the Mayor. Councilor Marsh questioned that if the objective was educating the public, would it be more effective to go out and gather signatures as opposed to having Council approve adding it to the ballot. Dr. Coyner responded the motivation for the local initiative at this time was to reach the legislature. Councilor Voisin/ Marsh m/s to approve the resolution titled, "A resolution of the City of Ashland, Jackson County, Oregon, to submit to Ashland electors at the November 8, 2016 General Election an advisory question on instructing the 2017 Oregon Legislature to create a transparent public process to design a system that provides timely access to affordable comprehensive health care for all Oregon residents, ensures choice of provider, has effective cost controls, equitable access, and a focus on preventative care." DISCUSSION: Councilor Voisin explained Healthcare for all Oregon needs the City of Ashland to take part in a grass roots movement that would bring healthcare to the attention and consciousness of many. Councilor Marsh wanted the Mayor to address any language changes he suggested City Council Business Meeting May 17, 2016 Page 3 of 7 and Council did not have those changes. She was also concerned how it would be communicated to the community. The resolution was about a study re-enforcing the legislature to move forward on healthcare. It was not about single payer. Councilor Seffinger supported the idea of the resolution but was concerned on what the ruling would be in the study and preferred to wait until Council was able to hear the proposed language changes by the Mayor. Another concern was whether it would apply to mental health issues. Councilor Voisin did not believe the Mayor made any substantive changes to the resolution and urged the Council to move forward. City Recorder Barbara Christensen explained the process to place the measure on the ballot. The earliest date to bring a measure to the County was July 21, 2016 for the November election. The deadline was September 8, 2016. Councilor Marsh suggested delaying a decision on the specific language and reconvene when the Mayor was present. Councilor Morris understood the reason for the change. His concern was whether Council should put something on the ballot as an advisory issue and setting a precedent. He preferred that it to go through the initiative process with signatures. Chair Rosenthal supported the title of the resolution. He noted that Councilor Lemhouse was absent as well. He agreed on delaying the decision until the Mayor and Councilor Lemhouse were present. Councilor Voisin responded to Councilor Morris' comments and explained there were many other city councils sending the resolution as an advisory resolution to the state legislature. She thought it was too late to go out and get signatures at this time. Waiting to make a decision when the Mayor and Councilor Lemhouse were present delayed the process and Council had not done that in the past. Councilor Seffinger clarified Council had delayed decisions in the past until there was a full council. She supported the resolution but still had concerns with the wording and that it did not include mental health. Councilor Marsh/Morris m/s postpone the item to the June 7, 2016 Council meeting. DISCUSSION: Councilor Marsh stated it was a critical issue and wanted to ensure the language was specific and clear. Councilor Morris agreed. Councilor Seffinger felt more comfortable voting on the resolution in June. Chair Rosenthal noted the Mayor had comments on the language and did not think it would delay the eventual outcome to place it on the ballot for citizens to vote. Councilor Voisin raised a point of order and explained there was a person in the audience who had the language the Mayor proposed and suggested having them share it with Council. Chair Rosenthal over ruled the point of order. He understood the point Councilor Voisin was making and thought it would be appropriate for the Mayor to discuss the language he proposed to Council. Roll Call Vote: Councilor Morris, Marsh, Seffinger, Rosenthal, and Voisin, YES. Motion passed. PUBLIC HEARINGS 1. Public hearing and approval of resolutions titled, "A resolution adopting a transportation utility fee schedule pursuant to Ashland Municipal Code Section 4.26 and repealing Resolution 2015- 12" Public Works Director Mike Faught and Administrative Services and Finance Director Lee Tuneberg presented the staff report. Mr. Faught explained that the Council adopted the Water Cost of Service (COS) and that staff was recommending implementation of the COS through rates. Part of this was a redistribution of costs and included two separate base fees billed as one. All potable irrigation customer rates are a flat- based fee year round. Talent Irrigation Ditch (TID) metered rates decreased from .55 per cubic foot to .22. TID non-metered rates increased from $173 per year to $183. The study recommended an overall rate increase of 8% across the board. However, the redistribution made the increase 5% for residential. The Wastewater Master Plan recommended a 10% increase for sewer rates. Due to higher Food and Beverage tax revenues staff suggested an 8% rate increase instead. The Department of Environmental City Council Business Meeting May 17, 2016 Page 4 of 7 Quality (DEQ) also approved a I% loan to the City for wastewater projects. Staff proposed a 2% inflationary only rate increase for the Transportation Utility fee and a 2.7% inflationary increase for Storm Water. City Administrator addressed the sewage rate increase and explained there was not enough money in Food and Beverage tax revenues to eliminate the need for an increase. The goal was to bank enough money in the wastewater fined to pay for predicted debt service on new capital projects over the next 9-10 years. By the end of this year, the City will put more than $1,500,000 in Food and Beverage tax into the wastewater fund that is not required to pay the current debt service. That will allow the City to scale back on the forecast rate increases. He explained why the City could not double the payment to end the debt service earlier. When the City refinanced in 2010, it received such a favorable interest rate it forfeited the right for an early call on the debt. The last payment on this debt service would happen fiscal year 2022. Council questioned why churches and places of worship were exempt from the transportation utility fee. Mr. Tuneberg explained this was a decision made by Council at the time of implementation. Council comment thought this went against separation of church and state. The exemption appeared to be a subsidy. Councilor Voisin raised a point of order that this discussion was off topic. This was a decision made by a prior city council and thought it would be better to discuss at goal setting. Chair Rosenthal sustained the point of order. Council could make a motion during the discussion or later on the topic. Mr. Tuneberg clarified storm drain and transportation were both in the street find. Transportation was doing better than the storm drain. It was a goal to split storm drain into its own fund and the study would help separate them. However at this point the revenue stream for storm drain covered the operating costs only and there was no money to cover debt service or capital improvements. Mr. Faught explained differences in water rates with other cities and that the water rate increase was based on the master plan that included capital improvement projects, and operational needs. Mr. Kanner added some customer classes will see rate increases and others will not. Overall, it was an 8% increase in water revenues. Mr. Faught went on to explain what would happen if Council did not approve the rate increases. Public Hearing Open: 8:27 p.m. Ron Roth/6950 Hwy 99 South/Equated the increases to putting a Band-Aid on a bullet wound and referred to the Ashland Fiber Network (AFN) debt. He provided history on funding the AFN debt and payment. There was no dedicated funding to pay the debt and suggested a serial levy that would raise approximately $1,000,000 per year over what the City had now. He thought the community would support the levy. Public Hearing Closed: 8:32 p.m. Councilor Marsh/Morris m/s to approve Resolution 92016-06 adopting transportation utility fee. DISCUSSION: Councilor Marsh thought the need was clear to cover the costs of doing at least the minimal that was happening with the increase. Councilor Morris agreed. Chair Rosenthal supported the fee adjustment. Roll Call Vote: Councilor Marsh, Voisin, Seffinger, Morris, and Rosenthal, YES. Motion passed. Ms. Christensen researched the church exemption in the transportation utility fee. It was added in 1999 but nothing in the record indicated why. "A resolution adopting a storm drain utility fee schedule pursuant to Ashland Municipal Code Section 4.27.050 and repealing Resolution 2015-11" City Council Business Meeting May 17, 2016 Page 5 of 7 Councilor Morris/Marsh m/s to approve Resolution #2016-07 adopting storm drain utility fee. DISCUSSION: Councilor Morris noted this was similar to the transportation fee where the City was unable to keep up with the maintenance and there were new system upgrades. Roll Call Vote: Councilor Morris, Marsh, Rosenthal, Seffinger, and Voisin, YES. Motion passed. "A resolution revising rates for water service pursuant: to Ashland Municipal Code Section 14.04.030 and repealing Resolution 2015-09" Councilor Seffinger/Marsh m/s to approve Resolution #2016-09 revising rates for water service. DISCUSSION: Councilor Seffinger thought the rate revision was reasonable and fair. Councilor Marsh added the Cost of Service study reduced the parameters of the increase. She noted a typo in the resolution regarding effective date that should read 2016 instead of 2015. Chair Rosenthal commented although the resolution stated an 8% increase residents would get a 50/c, increase. Roll Call Vote: Councilor Seffinger, Marsh, Voisin, Rosenthal, and Morris, YES. Motion passed. "A resolution revising rates for wastewater (sewer) service pursuant to Ashland Municipal Code Section 14.08.035 and repealing Resolution 2015-10" Councilor Seffinger/Marsh m/s to approve Resolution #2016-08 adopting wastewater (sewer) service rates. DISCUSSION: Councilor Marsh explained this was the basic work of the community, the wastewater system was expensive, and this would help the operational costs. Councilor Rosenthal added the alternative in raising fees would result in increased costs and necessitate even higher rates in the future. Roll Call Vote: Councilor Rosenthal, Marsh, Morris, Voisin, and Seffinger, YES. Motion passed. Councilor Marsh/Seffinger m/s for staff to bring back change to transportation utility fee schedule that provided suggested rates for churches and places of worship. DISCUSSION: Councilor Marsh thought it was dangerous to have an exemption for churches and it seemed inappropriate. Councilor Seffinger agreed adding in some ways it was an issue of separation of church and state. Councilor Voisin commented Council did not know the reason why it became an exemption and assumed staff would bring information back as to the reasons. Ms. Christensen would forward the 1999 Council Packet information to Council. She reiterated there was no discussion regarding the exemption in the minutes. Chair Rosenthal was interested in hearing the rationale as well. Roll Call Vote: Councilor Rosenthal, Marsh, Morris, Voisin and Seffinger, YES. Motion passed. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Request from the Public Art Commission for approval of mural concepts on Calle Guanajuato Public Arts Commission vice Chair Sandra Friend explained Kathryn and Barry Thalden proposed bringing an artist from Guanajuato Mexico to paint the mural on the west wall of the Sesame Kitchen at the entrance to Calle Guanajuato. The Public Arts Commission (PAC) reviewed and approved an artistic concept from Guanajuato artist Loreta who later forwarded a revised concept. The Thaldens and Parks and Recreation staff met with the manager of the Lithia Artisans Guild to address scheduling the painting. Both the Historic Commission and Community Development Director Bill Molnar reviewed and approved the project. However, the proposed change to a historic building downtown triggered a Type 1 site review process that required a planning action fee of $1,012 for this project. Since this was a significant donation from the Thaldens, the PAC requested Council waive the planning fee. In order to meet the mural deadline of July 4, 2016, the artist needed to begin work prior to Councils first meeting in June. City Attorney Dave Lohman explained the waiver was awkward. There was a resolution that set the fees and the resolution did not give Council authority to waive the fees. That would have to be done by another City Council Business Meeting May 17, 2016 Page 6 of 7 resolution. It also may set a precedent and suggested Council take funds from another source to pay for the fee. City Administrator Dave Kanner added staff would be bringing Council a proposal to remove public art process from Chapter 18 Land Use of the Ashland Municipal Code and move it to Chapter 2.17 Public Art Commission. As part of that proposal staff was recommending removing the planning fees associated with public art. Barry & Kathryn Thalden/550 Ashland Loop Road/Traveled to Guanajuato and interviewed artists and found Loreta. They revealed the revised concept, described the approval process, and the general excitement regarding the project. Betzabe "Mina" Turner/199 Almeda Street/President of Ashland Amigo Club/Explained Ashland and Guanajuato had been Sister Cities for 47 years. She shared annual events occurring June and July involving both cities, the student exchange program between Southern Oregon University and University of Guanajuato, and the cultural exchange between the two cities. Councilor Seffinger/Marsh m/s to approve both mural concepts and defer the final selection to the Public Art Commission. DISCUSSION: Councilor Seffinger commended all the commissions for working on the project and their efforts. Both mural concepts were beautiful. Councilor Marsh shared her daily enjoyment of viewing the mural at the Ashland Food Bank and this mural at the Calle Guanajuato will create a wonderful sense of place enjoyed by generations. She expressed her gratitude to the Thaldens and commissions. Councilor Voisin thanked the Thaldens for contributing richness and depth to the community. She appreciated them going through the process. Councilor Morris thought it was a great addition to that section of town. Chair Rosenthal agreed with all Council comment. Roll Call Vote: Councilor Voisin, Morris, Seffinger, Marsh, and Rosenthal, YES. Motion passed. Mr. Kanner suggested if Council wanted the City to cover the cost of the planning fee they could direct staff to pay the fee through a budget transfer or amendment from the money set aside for the downtown beautification projects. Councilor Marsh/Morris m/s to request staff to use monies from the downtown beautification budget to take care of the costs involved with the site and design review. Roll Call Vote: Councilor Voisin, Morris, Seffinger, Marsh, and Rosenthal, YES. Motion passed. 2. Adoption of 2016 Ashland Forest Plan Forest Lands Commission Chair Frank Betlejewski and Commissioner John Williams provided the report on the 2016 Ashland Forest Plan. Chair Betlejewski explained low intensity fires that burn along the ground consumer brush and small trees leaving larger trees intact. It improved the health of the mature trees and prevented fires that are more destructive in the future. A presentation the included: • Township 39 South, Range 1 East, Section 32 White Rabbit Trail Parcel - Change in Forest Conditions from 1939 to 2004 • Objective - Improve on the 1992 Ashland Forest Plan • GIS - httpHgis.ashland.or.us/2016afp/ • Monitoring - 206 Permanent Monitoring Plots - 2016 Inventory Prescribed Burn Monitoring o Pre-Burn (6-7/2007) o Post-Burn (1/2014) o Post-burn (7/2015) • 2016 AFP Primary Contributors o Ashland Forest Lands Commission o Ashland City Staff City Council Business Meeting May 17, 2016 Page 7 of 7 o Marty Main (SWS) • Primary Objectives 1992 & 2016 o Protection and promotion of the City's water supply o Maintenance and promotion of forest health o Reduce risk of catastrophic fire o Maintaining recreational opportunities o Continuing community engagement • Going Forward - The Forest Plan will help o The City continue to promote best practices o Community engagement Joseph Kauth/1 Corral Lane 413/Appreciated the presentation and spoke on the service forests provide. He addressed wetlands in the Normal Neighborhood Plan area that he believed was protected due to Fairy shrimp habitation. He suggested planting rhododendrons as an insulated buffer for the surrounding natural areas. Rhododendrons would hold the temperature of the area and were possibly fire resistant. Councilor Seffinger/Marsh m/s to approve the 2016 Ashland Forest Plan and authorize the Forest Lands Commission and staff to implement policies, actions, and recommendations therein. DISCUSSION: Councilor Seffinger worked with the Commission over the past five years and commented it was one of the most exciting and educational experiences she had. She thanked the Commission for their efforts and thought the document would protect the watershed, the forests, and wild life. Councilor Marsh thought it was a phenomenal document and a wonderful record of the past that could be shared with other communities. Councilor Voisin added the document showed an evolution of change through the community and staff. Councilor Morris noted the amount of knowledge and that it was a wonderful document. Chair Rosenthal explained this was a document generated by Ashland citizens for Ashland and was a priceless piece of work. Roll Call Vote: Councilor Rosenthal, Morris, Seffinger, Marsh and Voisin, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Seffinger announced that May was "Older Americans" month and recognized Ashland's senior volunteers. She recognized the Senior Center and Ashland at Home. She thanked senior citizens. Councilor Marsh announced the pending results of measures for Rogue Community College and Rogue Valley Transit District had passed. City Administrator Dave Kanner noted a close encounter a resident had with a bear and spoke on efforts the City had made to warn and educate the public regarding bears. He went on to announce Ashland was sponsoring the SOREDI annual dinner. There would be a table for sponsors. Interested councilors should contact Diana Shiplet no later than June 15, 2016. Chair Rosenthal announced the climate energy plan was hosting an open house May 24, 2016 from 5:30 p.nn. to 7:30 p.m. at the Ashland Armory. Two other open houses would occur later during the year. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 9:35 p.m. Barbara Christensen, City Recorder Rich Rosenthal, Council Chair ZrC~'Sr f' ~n TIC=. W ' ll 1/ ~'J 1 t ~C..~vUv~ o A vz~~.~~ o o Cs " ~J' ti J~ ~fl//~ 0 6 Q GT~v ~1~p a C~~ `~a~~~JN✓ ~j 9U°~ LU 1 r o09 PROCLAMATION dated By act of Congress of the United States June 14, 1777, the first of the United States was adopted. J official flag ~l t of Congress dated August 3, 1949, "National Flag Day" wasC>'_3 designated each year as June 14. 01 11 o Cr+ The Congress has requested the President to issue annually a~~ the week in which June 14 occurs as National proclamation designating Flag Week. t Flag Day celebrates our nation's symbol of unity, a democracy in a republic and stands for our country s devotion to freedom, to the rule of ual rights for all. ) ? all and to eq We pay our respect to all of the many veterans who have served the rt~ armed forces of their country. NOW THEREFORE, I, John Stromber , Mayor of Ashland, do hereby ' proclaim June 14, 2016 as 'in the City 'of Ashland FLAB DAY N,- '~~~~Jl~~ and urge all citizens of Ashland to join in with the Ashland Elks Lodge I~Y at 4944 to Pledge of Allegiance to our Flag and Nation, at noon on Tuesday June 14 at the Ashland downtown Plaza. ' d 071 C~~ Dated this 7" day of June, 2016. John Stromberg, Mayor oo = Barbara. Christensen, City Recorder ' =✓L~ d~ V 7~~ Uv~~~~/ / ~/~f~ l J~ U~~ ~v~U ~L.,J~7~ ,~~9~1~\`, W din nam 06 PROCLAMATION S Pollinator species such as thousands of species of bees are essential partners ( ~~,nd GO < t~ in producing much of our food supply. »J~ ~~G-) , • Pollinator species provide significant environmental benefits that are necessary for maintaining healthy, diverse urban and suburban ecosystems. • Pollination plays a vital role for the trees and plants of our community, enhancing our quality of life, and creating recreational and economic Ir~_ development opportunities. ~21 For decades the City of Ashland and the Ashland Parks and Recreation 'ommi.ssion have managed urban landscapes and public lands that include TY, many municipal parks and greenways, as well as wildlife habitats. The City of Ashland and the Ashland Parks and Recreation Commission provide recommendations to developers and residents regarding landscaping to promote wise conservation stewardship, including the protection of pollinators and maintenance of their habitats in urban and suburban environments. NOW TI~ERLFORE, the Mayor, on behalf of the citizens of Ashland does hereby proclaim June 20 - 26, 2016 as: National Pollinator Week and urges all citizens to recognize this observance. Dated this 7 day of June, 2016 E<<>➢ 1 N VI, L~ 12A John Stromberg, Mayor r 1 y ~ ~ U T r I` ~Barbara Christensen City Recorder OOn- . cc 7 f) Cam- X11 l/~ J ° `rte , - 0S, Gam, Y~ ~~0 ~o, ~ 5 h 6 ~c: ~ U ~ GVV 1> O Cl J O k"L A M-ATION PROCLA ~ U S The Palo Alto Chamber Orchestra (PALO) is celebrating the 50 anniversary of its founding, in 1966, by William Whitson. . c c o~ c soo~~ • This award-winning youth orchestra has been performing in Ashland as 0~ guests of the Oregon Shakespeare Festival for most of those fifty years_ J~ r, \ v z • Current music director Benjamin Simon has since 2002 maintained PACO s excellence, expanded its repertoire and nurtured new generations of young ~a musicians. ~ • The philosophy of PACO continues to foster the love of music, a commitment to excellence and a sense of responsibility in its members, both individually and corporately. The Palo Alto Chamber Orchestra's mission of teaching young musicians to k ~ • ~ ~ play well with others 1s increasingly important in this complex world. z- %s~ - _ z.. • For nearly half a century the Palo Alto Chamber Orchestra has been developing deep friendships with hundreds of members of the Ashland iy ? l L community through its annual performances at the Oregon Shakespeare ~A r k14W// Festival on the downtown plaza and in local retirement homes. P1~C0 has served as a good-will ambassador with its music in Ashland and around the world on its frequent national and international tours, including this year's 14-day concert tour of the Northwest.'' NOW, THEREFORE, the City Council and Mayor, on behalf of the citizens of ~ r Ashland7 do proclaim June 20, 2016, as (S SS~< ° ~,oo "Palo Alto Chamber Orchestra Da ~ 0~ ~y And extend heartfelt thanks to director Benjamin Simon and the entire PACO moo= > ; organization for their dedication to the musical and social education" of youth from third grade through high school, and for their contributions to the quality of life in n2 ~j Southern Oregon through their outstanding concert performances. j Dated this 7th day of June, 2016 John Stromberg, Mayor Nq) o L - Onb _iyl Barbara Christensen, City Recorder cc) P -W wns~!~ U A v 1 \j~ r ' ) i ~ -r •e _~o~ ~d Min , I ~ C 0 ' 1'~D 711, PROCLAMATION ~C + The children of Henry B. and Harriet H. Carter donated a fountain and statue to ku'~ p°~ the City of Ashland in honor of their parents in 1910. ) U2 • The statue atop the Carter Fountain, cast in zinc by the J. L. Mott Company of C)71 V)~ New York, is affectionately known as Pioneer Mike, and has graced the Ashland G O O Plaza for over a century, 9 = l i~S w b_ The Tuesday Club of Storm Lake Iowa. also commissioned a statue from the J. G~ L. Mott Company. v~ • The Storm Lake Pioneer was installed in November 1912 on a stone base t- ( overlooking Storm Lake and so continues to grace that city. • The Storm Lake Pioneer and Ashland's Pioneer Mike are the only known examples of J. L. Mott's Pioneer statue that remain standing in the United States. D 501 Ashland's Pioneer Mike was damaged beyond repair in October 2014. ) U 2015, graciously allowed Ashland to create a The City of Storm Lake, in October ) canting of the Storm Lake Pioneer. v Pioneer Mike has now been beautifully and accurately Ashland's recast and re- installed to his traditional position overlooking the Ashland Plaza. NOW THEREFORE, the City ouncil and Mayor, on behalf of the citizens of Ashland, Oregon and its thousands of annual visitors, do hereby proclaim gratitude oc for the generous support and friendship of the City of Storm Lake, Iowa, without CIO go< which the restoration of our cherished civic treasure would not have been possible.3 =v ~U~ Dated this 7th day of June, 2016 p = ' Ci, John Stromberg, Mayor J Barbara Christensen, City Recorders / ° ° o n m ° de o 4 ~ O D .D ` ..d d.~ ° ✓J~~ o ~N- ~ ° ~ ~o~ v ~p~ r. ~II aon rvn ~a wL ~ 5 f ~~n wn ~n ~ , ~I-- CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Presentation of Business Retention and Expansion Survey Results FROM: Adam Hanks, Management Analyst, adam@ashland.onus SUMMARY In partnership with the Chamber of Commerce, a Business Retention and Expansion (B,R&E) survey was recently completed, providing the City, the Chamber and the community with existing local economic conditions, current and future trends, challenges to business growth and development and a general sense of the local business climate. The presentation will include highlights of the initial results of the survey, including comparison of the results to the 2012 B,R&E and the bi-annual community survey. The complete report and data set will be available on the City website within the month. BACKGROUND AND POLICY IMPLICATIONS: A key foundational element in providing support for Ashland's local economy is an understanding of the issues facing local businesses, their challenges, their concerns, their future plans and their suggestions and desires to improve their opportunities for success. The success of local businesses translates to viable local employment, keeping local dollars circulating throughout the local economy and supporting the civic, community and educational activities critical to the sustainability and vibrancy of the community. To better understand the issues in Ashland's local economy, the City and the Chamber have partnered on a variety of significant economic development initiatives, with the B,R&E survey serving as the conduit for collecting this data. With previous B,R&F; surveys in 2006 and 2012, the 2015 survey is able to gather current data and business trends, but is also able to compare those results against previous survey results to determine whether actions taken have contributed to improvements in the strength of the local economy. By partnering with the Chamber, individual responses can remain confidential, which is critical to the business owners and their willingness to respond candidly to the questions posed. Additionally, utilizing experienced Chamber members as the interview teams provides a level of comfort and trust that results in quality responses to the survey. Survey Structure The B,R&E project is led by a seven member B,R&E leadership team that assists in the selection of businesses to interview, development of specific survey questions, oversight of the training for the interview teams, desired content and format of the final report and promotion and presentation of the final report results. The leadership team worked very closely with the survey consultant to ensure that Pagel o f 3 I ALL' CITY OF ASHLAND the responses to the questions would be clear and able to be utilized to address the issues raised, if appropriate and possible. Approximately 60 local businesses were selected to be contacted to participate in the survey. These businesses were selected based on several criteria, most notably those that meet the definition of traded sector as described in the City of Ashland's 2010 Economic Development Strategy. This includes traditional traded sector business categories such as manufacturing, assembly, distribution and others that have a market reach outside of the local market, which results in the importation of funds from outside of the region. In Ashland, tourism related businesses also function similar to the more common traded sector businesses since the vast majority of tourists to Ashland come from far outside the local market. Just over 40 businesses agreed to participate in the survey process. Meetings were scheduled with a two person team of trained Chamber members to step through each question of the survey and clarify and record their responses. The consultant then compiled and reviewed the results and identified trends or items of particular interest, as well as "red flags", which are areas of immediate concern that could negatively impact the local economy. Highlights of Results • 47% of respondents have operated their business in Ashland for over 20 years • 63% of respondents started their business in Ashland • 45% of respondents employ between 10-49 employees • A strong majority (77%) indicated business activity has increased compared to one year ago • Over 80% of respondents expect their sales to increase in the next 12 months • 45% of respondents expect to expand their business in the next three years, with 73% of those indicating the expansion would be within Ashland if possible • High community services rankings were consistent with results from the bi-annual community survey • Access to capital was stated as "not at all difficult" for 70% of the respondents, considerably less of a concern compared to the 2012 survey COUNCIL GOALS SUPPORTED: 15. Seek opportunities to diversify the economy in coordination with the Economic Development Strategy FISCAL IMPLICATIONS: Funding for this project was approved and appropriated with Economic Development Program funds. The initial estimate for the project consultant and associated direct Chamber and City costs was $50,000. Final invoicing has not yet been completed, but staff estimates the final project cost not to exceed $25,000. STAFF RECOMMENDATION AND REQUESTED ACTION: No action is requested at this time. Page 2 of 3 ILAII CITY OF ASHLAND SUGGESTED MOTION: N/A - Presentation only ATTACHMENTS: July 21, 2015 - City Council Packet - B,R&E contract Page 3 of 3 ILA'l CITY OF ASHLAND Council Communication July 21, 2015, Business Meeting Sole Source Procurement with the Ashland Chamber of Commerce for a Business Retention and Expansion Survey FROM: Adam Hanks, Management Analyst, Administration - adam@ashland.or.us SUMMARY City staff is requesting the City Council grant an exception to the formal competitive selection process to award a contract to the Ashland Chamber of Commerce to conduct a Business Retention and Expansion (B,R&E) survey and for management of all project elements associated with the survey process. Ashland Municipal Code 2.50.090.F allows such an exemption through a sole source procurement when it can be determined that there is only one provider of a product or service of the quality and type required available. BACKGROUND AND POLICY IMPLICATIONS: Consistent with Ashland Municipal Code, the City Council, in its role as the Local Contract Review Board, must approve proposed exemptions from the formal competitive selection process. As described in the attached sole source determination and written findings, the Ashland Chamber of Commerce is uniquely positioned to manage and conduct the project due to its previous history and original partner level involvement in the creation of the project concept (2005-06) and its continuity over time. The survey process requires a level of comfort and confidentiality between the businesses and the survey interview team. The Chamber has the experience and ability to train and deploy interview teams that have previous experience in the process, have trusted peer-to-peer relationships with the businesses, and can deliver a final published report that maintains confidentiality while also capturing the aggregate data collected in the survey/interview process. COUNCIL GOALS SUPPORTED: Economy - 15. Seek opportunities to diversify the economy in coordination with the Economic Development Strategy. FISCAL IMPLICATIONS: The preliminary budget estimate and corresponding appropriation in the Economic Development Program within the General Fund was $50,000. However, the project team has had several preparatory meetings and has identified a nationally acclaimed research survey consultant who is able to provide the necessary sub-contracted survey and economic analysis expertise well below the initial estimate. The attached draft sole source contract proposes a contract project cost of $25,000 for all elements of Page 1 of 2 rr CITY OF ASHLAND the project, including final presentation to City Council, which would be expended in the first year of the 2015-17 biennium. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the sole source procurement exemption and requests Council direct the City Administrator to execute the attached contract upon completion of all remaining public contracting requirements. SUGGESTED MOTION: I move approval of the sole source contract with the Ashland Chamber of Commerce to conduct a Business Retention and Expansion survey and direct the City Administrator to execute said contract. ATTACHMENTS: 1) Sole Source determination and written findings 2) Draft contract for services - Ashland Chamber of Commerce Page 2 of 2 FORM #7 CITY O F ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS PERSONAL SERVICES Less than $75,000 To: Dave Kanner, City Administrator From: Adam Hanks, Management Analyst Date: June 8, 2015 Re: Sole Source Determination and Written Findings for Personal Services In accordance with AMC 2.50.090(F), the Department Head shall determine in writing that there is only one provider of a product or service of the quality and type required available. Estimated total value of contract: 25,000 Project name: Business Retention and Expansion Survey and Analysis Description of project: Design, manage, conduct, analyze, compile and present results of a Business Retention and Expansion survey of between 35 and 50 Ashland based businesses. Results will identify existing local economic conditions, challenges, needs, expansion potential and "red flags" of the traded sector businesses being surveyed. Background: The City of Ashland has contracted with the Ashland Chamber of Commerce in 2006 and 2012 to conduct local business retention and expansion surveys. The process involves the development of questions to obtain feedback from the selected businesses in the desired business sectors on the current state of the local economy, strengths and weaknesses of the local business climate, resource needs for business success and growth and problem areas or "red flags" that may exist and be causing businesses to close or relocate out of Ashland. As was the case with the 2006 and 2012 survey processes, the Chamber of Commerce is uniquely positioned to manage and conduct the project due to its previous history and original partner level involvement in the creation of the concept and its continuity over time. Additionally, the survey process requires a level of comfort and confidentiality between the business and the survey interview team. The Chamber of Commerce has the ability to train and deploy interview teams that have previous experience in the process, have a trusted, peer to peer Form #7 - Sole Source -Personal Services - Less than $75,000, Page 1 of 2, 6/10/2015 relationship with the businesses and can deliver a final published report that maintains confidentiality while also capturing the aggregate data collected. in the survey/interview process. Findings: Pursuant to ORS 279B.075 (2)(d): Any other findings that support the conclusion that the goods or services are available from only one source. 1) The Ashland Chamber- of Commerce has specific prior, local history and experience in managing, training, conducting, analyzing and presenting results using the Business Retention and Expansion survey program model. 2) The Ashland Chamber of Commerce can convene a project management team with relevant local experience and standing within the business community across a wide array of business fields. 3) The Ashland Chamber of Commerce has experience and expertise in training interview teams to confidentially conduct interviews, maintain required business level relationships, interpret and clarify responses if/when needed 4) The Ashland Chamber of Commerce has an experienced and deep volunteer resource pool from which to select interview teams to meet the projected timeline of the interview portion of the project. Market Research Overall finding: No other entity has the local business relationships, the history with conducting local business interviews or the team of volunteers with the needed skills ready and available to conduct the interviews to meet the required project timeline. Form #7 - Sole Source -Personal Services - Less than $75,000, Page 2 of 2, 6/10/2015 Contract for GOODS AND SERVICES Less than $25,000 CITY OF CONTRACTOR: Ashland Chamber of Commerce ASHLAND CONTACT: Sandra Slattery, Executive Director 20 East Main Street Ashland, Oregon 97520 ADDRESS: PO Box 1360, Ashland, OR 97520 Telephone: 541/488-6002 Fax: 541/488-5311 TELEPHONE: 541-482-3486 DATE AGREEMENT PREPARED: June 9, 2015 FAX: BEGINNING DATE: July 1, 2015 COMPLETION DATE:June 30, 2016 _ COMPENSATION: $25,000 GOODS AND SERVICES TO BE PROVIDED: Design, manage, conduct, analyze, compile and present results of a Business Retention and Expansion survey of between 35 and 50 Ashland based businesses. Results will identify existing local economic conditions, challenges, needs, expansion potential and "red flags" of the traded sector businesses being surveyed. See project scope of work attached as Exhibit 13 ADDITIONAL TERMS: In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a manner that will not conflict with the said primary City of Ashland Contract. NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the CITY AND CONTRACTOR AGREE as follows: 1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance of such work. 2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded. Contractor must also maintain a current City business license. 3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later than the date indicated above and start performing the work under this contract by the beginning date indicated above and complete the work by the completion date indicated above. 4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the contract be prematurely terminated, payments will be made for work completed and accepted to date of termination. Compensation under this contract, including all costs and expenses of Contractor, is limited to $25,000.00, unless a separate written contract is entered into by the City. 5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of City. 6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are made part of this contract. 7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached hereto as Exhibit B predominantly in areas where it will be seen by all employees. 8. Indemnification: Contractor agrees to defend, indemnify and save City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately caused by the negligence of City. 9. Termination: a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties. b. City's Convenience. This contract may be terminated at an time b City. upon 30 days' notice in writing Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 1 of 5 and delivered by certified mail or in person. C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of written notice to Contractor, or at such later date as may be established by City under any of the following conditions: i. If City funding from federal, state, county or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services; ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this contract or are no longer eligible for the funding proposed for payments authorized by this contract, or iii. If any license or certificate required by law or regulation to be held by Contractor to provide the services required by this contract is for any reason denied, revoked, suspended, or not renewed. d. For Default or Breach. i. Either City or Contractor may terminate this contract in the event of a breach of the contract by the other. Prior to such termination the party seeking termination shall give to the other party written notice of the breach and intent to terminate. If the party committing the breach has not entirely cured the breach within 15 days of the date of the notice, or within such other period as the party giving the notice may authorize or require, then the contract may be terminated at any time thereafter by a written notice of termination by the party giving notice. ii. Time is of the essence for Contractor's performance of each and every obligation and duty under this contract. City by written notice to Contractor of default or breach, may at any time terminate the whole or any part of this contract if Contractor fails to provide services called for by this contract within the time specified herein or in any extension thereof. iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in addition to any other rights and remedies provided by law or under this contract. e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination or modification. However, upon receiving a notice of termination (regardless whether such notice is given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination, Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to the termination date if such work was performed in accordance with the Contract. 10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City. Contractor shall have the complete responsibility for the performance of this contract. 11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated against minority, women or emerging small businesses enterprises in obtaining any required subcontracts. Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor understands and, acknowledges that it may be disqualified from bidding on this contract, including but not limited to City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any requirement of ORS 279A.110 or the administrative rules implementing the Statute. 12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an asbestos abatement license. 13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all persons employed by them, and the approval by City of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and City. 14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible in the performance of the contract work set forth in this document. 15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in its obligations under the Contract; or attempts, to assign rights in, or delegate duties under, the Contract. 16. Insurance. Contractor shall at its own expense provide the following insurance: a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide Oregon workers' compensation coverage for all their subject workers b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property Damage. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 2 of 5 C. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than Enter one: $200,000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage, including coverage for owned, hired or non-owned vehicles, as applicable. d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to the City. e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to commencing work under this contract. The contractor's insurance is primary and non-contributory. The certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions and/or self- insurance. 17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United States Constitution, or otherwise, from any claim or from the jurisdiction. 18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT- HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. 19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor understands and agrees that City's payment of amounts under this contract attributable to work performed after the last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further liability to Contractor. 20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is required before any work may begin under this contract. 21. Certification. Contractor shall sign the certification attached hereto as Exhibit A and herein incorporated by reference-) . Contract City of Ashland By By Signa Department Head l Print Name Print Name Title Date W-9 One copy of a W-9 is to be submitted with the signed contract. Purchase Order No. Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 3 of 5 EXHIBIT A CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer subject to backup withholding. Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an independent Contractor as defined in the contract documents, and has checked four or more of the following criteria: (1) I carry out the labor or services at a location separate from my residence or is in a4 specific portion of my residence, set aside as the location of the business. (2) Commercial advertising or business cards or a trade association membership are purchased for the business. (3) Telephone listing is used for the business separate from the personal residence listing. (4) Labor or services are performed only pursuant to written contracts. (5) Labor or services are performed for two or more different persons within a period of one ar. (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by the ownership of performance bonds, warranties, errors and omission insurance or liability insurance relating to the labor or services to be provided. ctor (Date) Contract for Goods and Services Less than $25,000, Revised 06/02/2015, Page 4 of 5 Scope of Work Business Retention and Expansion Study, 2015 Ashland Chamber of Commerce May 2015 1. Design of the Business Retention and Expansion Survey Instrument (May - July 2015) a. Meet with Business Retention and Expansion Committee to establish survey objectives and priorities for kinds of business information needed. b. Develop BR&E survey. Integrate questions from previous BR&E surveys c. Review survey with primary contact and Committee. d. Pre-test survey instrument with three businesses and refine where necessary. e. Time estimate: 40 hours f. Cost estimate: $5,500 - $6,000 2. Computerize Survey Data (September 2015) a. Input survey data into spreadsheet, exportable to various database or statistical analysis software (assume 60 surveys). b. Time hours: 20 hours c. Cost estimate: $2,500 - $31000 3. Analysis of Data (October 2015) a. Tabulate scaled responses and summarize qualitative data. Correct for non-response and missing data. b. Meet with the Committee interviewers to discuss survey process and their perceptions. c. Time Estimate: 30 hours d. Cost Estimate: $4,000 - $45500 4. Final Report (October - December 2015) a. Summarize survey results b. Create graphs and tables. c. Be available for additional teclulical assistance. d. Time Estimate: 70 hours e. Cost estimate: $9,500 - $10,000 5. Presentations (January 2015 - February 2016) a. Develop a 1/2-hour PowerPoint presentation targeted at community and business- related groups. b. Time Estimate: 20 hours c. Deliver three presentations d. Cost estimate: $2,500 - $3,000 Total Project Cost: $25,000 ASHLAND AIRPORT COMMISSION April 5, 2016 s MINUTES Members Present: David Wolske, Bill Skillman, Lincoln Zeve, Susan Moen, William Butler, Sherm Lucas, George Schoen, Bob Skinner, Alex Censor and Mike Morris Staff. Scott Fleury Members Absent: Alan DeBoer Guests: 1. CALL TO ORDER: 9:31 AM 2. AGENDA ITEM ADDITIONS: None. 3. APPROVAL OF MINUTES: Minutes approved by consent of the Commission. 4. OLD BUSINESS: A. Airport Zoning: Staff informs Commission the zoning ordinance will go before the Council for first reading at the April 19t1' meeting. The ordinance change requires a first and second reading before it becomes codified. Group is appreciative the code is finally being updated and looks forward to future development onsite. B. FBO Lease: Staff informs Commission that Skinner made a few recommendations for final updates to the document. Staff explains the issue around the pollution insurance requirement and that the underwriter from the fuel delivery operations only covers damage done from an accident due to the transfer of fuel from the truck to the tanks or Skinners truck. There is no coverage for an accidental spill from Skinners fuel truck. Skinner states this insurance requirement makes it cost prohibitive to run the fuel truck onsite. Everyone agrees having the fuel truck onsite is a benefit to the airport. Staff to do a bit more research and see what is done at other local airports. Staff will also update lease document per Skinner's request and have legal review. C. Webcams: The electrical outlets have been installed and are ready for webcam installation. The robotics club is busy working on a project but will get to the webcams shortly, install webcams and link them to the City's site. D. Entry Signage: Staff informs Commission the sign has been picked up and is at the City's yard in the sign shop. Staff to work with the sign installer to have the C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\2TDMPMB7\April 5 2016 Minutes.docx sign installed with telspar posts that will allow other small placard signs of the business to be installed beneath. Staff also wants to see the last panel of chain link fence removed near the roadway. Staff is also in process of researching sign code requirements for installation of business signs on City property. E. Taxi-lane clear space: Butler informs Commission the data change request regarding the taxilane has been submitted and should be printed and final by May 26. Staff to develop Autcad drawings showing the no-parking zone and also the double yellow strip along the ramp edge for the group to review. F. Shade Hangar Enclosure Project: Staff informs Commission Kaylea has developed a draft RFP for design build services. Staff still needs to review draft version before it is distributed for response. The RFP breaks the project into two distinct phases, engineering/design work and then construction of approved hangar enclosures. 5. NEW BUSINESS: A. Airport Good Neighbor Items: Skinner informs Commission there have been no new complaints generated during the past month. Timberline has been operating out of the facility for the AFR project and they have a Kmax and Blackhawk helicopter onsite right now. Group would like to see the either helicopter available for airport day if they are still working at that time. Staff to check with Chris Chambers and see if it is a possibility to display either helicopter. B. Rental Rate Discussion: Staff goes over rental sheet along with CPI-U adjustments to ground leases. The CPI-U developed a 1.4% increase from last year's January number. The group discusses using the CPI-U to adjust the rentals and tie downs up to the nearest dollar. Skinner reiterates the CPI-U is a tool to use with respect to hangar rental adjustments. Motion by Wolske, Follow CPI-U aa'justnnent for hangar rentals and long term tie dotivns by increasing therm by round to the nearest dollar aniount, 2"d by Butler, all approved. 6. FBO REPORT(S): A. Status of Airport, Financial Report, Review of Safety Reports: Skinner informs Commission activity is picking up as the weather improves, especially on the weekends. Fuel prices that previously crept up are starting to trend down. The noise abatement sign on the south end is down again and needs the breakaways to be replaced. Skinner thanks Skillman for installation/repair of the tie down chains. They were found in the City's storage hangar. Eight chains are still needed to complete the repair. Staff to work on ordering additional chains to finish the work and spares to keep onsite. C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\2TDMPMB7\April 5 2016 Minutes.docx B. Maintenance Updates: Skinner plans on having the fire extinguishers installed this month. Commission would like to see the curb removed on the north end of the runway. Striping also needs to be refreshed. Wolske mentions a wooden box on the south side near new conventional hangars. Box needs to be removed. Skinner to contact owner for removal. Wolske also mentions a tree possibly encroaching into the approach slope. Staff is trying to have the surveyors out to the site in order to shoot the approach slope and identify any encroaching trees. Wolske to take picture of specific tree. 7. INFORMATIONAL ITEMS: A. Brown Bag: Butler missed attending the meeting. B. Transportation Commission: No update. C. Medford Airport: No Update. D. Action Item List: I . 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 draft design build RFP for public advertisement. 5. Transportation to & from airport: No change. 6. Fire Extinguisher Installation/ Hangar Numbering: Skinner has fire extinguishers and will install them shortly. 7. ODA inspection improvements and Tie Down Chain Repairs: Skinner to search for spares in the City's hangar. Staff to search the maintenance yard for them as well. 8. Security System Improvements: No Updates. 9. Web Cam Improvements: Electrical outlets installed, waiting for robotics team to install and link webcams. C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\2TDMPMB7\April 5 2016 Minutes.docx 10. Update Airport Narrative page and links: Staff/Commission to perform quarterly review of website and update as necessary. 11. Taxiway stripping between ramp and taxiway: Staff to layout striping in autocad and bring back to Commission. 12. Sign permit requirements: Staff to review requirements for business signs permits associated with the new airport sign. 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: May 3, 2016 beginning at 9:30 AM ADJOURN: Meeting adjourned at 10:49 AM C:\Users\shipletd\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\2TDMPMB7\April 5 2016 Minutes.docx ASHLAND AIRPORT COMMISSION Airport Day Planning Subcommittee April 5, 2016 MINUTES Members Present: David Wolske, Alan DeBoer, Bill Skillman, Lincoln Zeve, Susan Moen, William Butler, Sherm Lucas, George Schoen, Bob Skinner and Mike Morris Staff. Scott Fleury Members Absent: None Guests: Dawn Lamb 1. CALL TO ORDER: 11:03 AM 2. AGENDA ITEM ADDITIONS: None 3. APPROVAL OF MINUTES: March 1, 2016, approved by consent. 4. OLD BUSINESS: None 5. NEW BUSINESS: A. Airport Day Planning: Group continues discussion for Airport Day activities. Staff reiterates there is $1,000 in the airport fund to assist with purchasing or renting items as needed. Staff informs group that if things are purchased for airport day an itemized receipt must be turned in for reimbursement processing. Butler passes out extra copies of the airport day punch list were individuals have been assigned specific tasks. Group discusses how many people attended last year and how many we should plan for and expect this year. Skinner estimates around 700 people throughout the day last year. The group would like to generate the most interest and attendance possible. Group discusses how to get media exposure for the event, including tv, radio and print. They would also like to distribute flyers to local schools in order to get notice to parents for the event. Last year Wolske was featured in an article in the paper regarding construction of his aircraft and Skinner was also interviewed regarding airport day. Staff to draft a news release that will be posted on the City's website. Staff will also find last year's flyer so it can be updated and distributed this year. Skinner offers an idea of having someone from the media take a plane flight the week of the event in order to publicize it. H-.\ShipletD\Council\Council Comm unication\2016\June 6 and 7\Minutes\April 5 2016 Airport Day Subcommittee Minutes.docx Schoen asks about music/performers, such as a chorale group or jugglers, during the event. He has contacted SOU and multiple groups were interested but, timing so far has been bad. The percussion group is available and might be able to attend. Schoen to research some more. Group would also like to get notice to other airports locally about the event, Grants Pass, Montague, Medford and Roseburg. Patrick Henry has committed to MC the event again and will bring his equipment. Staff has secured the Main St. banner for the last week in April. Next year the banner time must be reserved the first week in January in order to get the optimum time for placement just prior to airport day. Group asks if there is another location the banner can be displayed until the event. The fence line along Dead Indian is a good location. Zeve mentions the chain link fence for the middle school on E. Main St. Zeve to find out if it is possible to place the banner on the middle school fence. Butler informs group that Burhman continues to work on drone/radio controlled aircraft for the event. Lamb mentions having a bounce house during the day for more kid friendly activities. Lamb to research and obtain a quote from Big Air Productions. Group agrees a bounce house would be a good idea to include with other kid friend gifts that Moen plans to purchase and hand out. Butler has confirmed the taco truck will be back to provide food for lunch. Lamb to contact Oblie's about providing another food truck onsite, specifically for breakfast. Schoen mentions he has discussed food with 4 and 20 Blackbirds and they are interested in providing pastries/cookies for sale during the event. Group asks Schoen to follow up with baker. NEXT MEETING DATE: May 3, 2016 beginning at 11:00 AM ADJOURN: Meeting adjourned at 11:42 AM H:\ShipletD\Council\Council Communication\2016\June 6 and 7\Minutes\April 5 2016 Airport Day Subcommittee Minutes.docx Minutes for the Climate and Energy Action Plan ad hoc Committee May 4, 2016 Page 1 of 4 MINUTES FOR THE CLIMATE & ENERGY ACTION PLAN ad hoc COMMITTEE Wednesday, May 4, 2016 Siskiyou Room, 51 Winburn Way 1. Call to Order Councilor Rich Rosenthal called the meeting to order at 3:01 p.m. Committee members Stuart Green, Roxane Beigel-Coryell, Bryan Sohl, Louise Shawkat, Isaac Bevers, Marni Koopman, Sarah Lasoff, James McGinnis, Jim Hartman, Cindy Bernard, and Claudia Alick were present. Staff member Adam Hanks was present. Consultant Andrea Martin was on the phone. 2. Approval of minutes Group suggested edits to the minutes. McGinnis/Alick m/s to approve minutes of April 20, 2016 as amended. Voice Vote: all ayes. Motion Passes. 3. Public Input James Stephens: He apologized to the group for snickering at the last meeting at the team- building exercise in which the group participated. He stated that he had an epiphany that even though the world is falling apart and full of doom and gloom, he is not going to stay negative, because this group is aware of and working on those problems. He stated that energy and electric vehicles are his greatest concern and he wants to find the truth regarding our energy production. He encouraged the group to focus on locally generated energy production. Phil Miller: He stated that he and his wife, Susan Berry-Hill, have been out of their home since last year due to damage caused by smoke from last year's wildfires. He stated that Ashland is the smokiest corner of the valley and described some of the damage done to their home. He had a report for the group regarding the hazards caused b.y wildfire smoke, as well as its direct effect on climate. Susan Berry-Hill: Stated that due to the retardant used on the wildfires last year getting in to their home everything touched by it is covered in formaldehyde and has been damaged. They are trying to get their insurance company to help take care of this damage but have had no success thus far. Zander Houston: Thanked the committee for their work. He is a middle school student and is excited to see a climate action plan being created in his own community. This is important to him because he spends lots of time in nature, enjoying things like backpacking, and would like to make sure that resource is available for future generations. He would like the plan to be legally binding through an ordinance and it should be based on the best-possible science. Minutes for the Climate and Energy Action Plan ad hoc Committee May 4, 2016 Page 2 of-4 Nova Rey Watson: Stated that he is six-years old and lives in Oregon. He has been watching shows about animals dying due to climate change. The one he just watched was about whales dying due to oil spills. There have been many of these accidents over the years. He thanked the group for what they are doing. Carson Barry: Thanked group for their work and for allowing high school students to speak. She agreed with Zack's testimony regarding wanting this to be a legally binding ordinance. She stated that approving this document without an ordinance feels like a teacher not giving students work but still expecting them to graduate. She would like the legally binding ordinance to be based on the best-possible science. Conlan Ellis: He is also a high school student and would also like to talk about having an ordinance. This is important to him and should be important to everyone - not just people here in Ashland. He would like us to have an ordinance similar to the one in-place in Eugene. There have been lots of plans passed in other cities, but no incentive for cities to work on them or move forward with actions from those plans. An ordinance will help us move the plans along. Ken Crocker: The appreciates the work the group is doing as well as the variety of ages participating. He is curious about the overall scope of the plan and the community participation and wonders who determines that scope. Would like the report to go beyond metrics and be more of a vision for the community 50-years from now. What would that vision look like? Stated that there is a pitfall involved with jumping too quickly to actions rather than imagining what the community 50 years from now will look back on and say, `wow, we're glad we took those steps.' Things change dramatically in 50 years and we shouldn't limit ourselves. What will we be glad to say we did and what will we wish we had done? Hannah Sohl: Stated that her group is happy to draft the ordinance, if that's helpful. The Eugene ordinance was important because it was integrated into all sectors. It is also important to have staff more involved in order to move this forward. Huelz Gutchen: Stated that he records the meetings and has listened to the group's last meet two times. He told the group that they need to sit up straight and speak up. Stated that this is quite a gathering and thanked the group for their work. 4. Around the Room Group did an around the room team building regarding what book they recently enjoyed reading. 5. Review of Climate Plan Goals and Targets Hanks asked the group if his summary of goals and targets (in packet) adequately conveys the message they intended. Martin (via phone) stated that Cascadia is taking all the input, as well as that collected at the open house to help prioritize and lend focus to the goals and targets for the draft plan. She did want to know how the group wanted to organize the action areas/sectors. Minutes for the Climate and Energy Action Plan ad hoc Committee May 4, 2016 Page 3 of 4 Group discussed whether other plans have included a focus on offsets. Martin stated that it depends on the final goal of the plan - i.e. those plans aiming for 100% reduction may use carbon offsets to "fill-in" missing reduction to achieve the goal. However, use of offsets is not typically articulated in the plans. Group discussed consumption and whether it is part of other plans. Martin stated that it is typically dealt with separate from most plans, as even if reductions are achieved there isn't a way for those reductions to be reflected in numbers. This is because consumption numbers are mostly regionally based. Group discussed the need to do a cost/benefit analysis for all goals, in order to understand what is achievable. Group discussed whether pursuing a legally binding ordinance would be something they are interested in. They agreed that this discussion should be on the agenda for the next meeting. 6. Open House #1 Overview Martin reviewed the draft event plan (in packet). Jeff Golden, who is working with Cascadia on the open house, stated that this is the opportunity to invest the rest of the process with energy and to get people who normally would not participate to become ambassadors for the plan. Group discussed ways to use this event to create a community vision and to encourage thinking/understanding of the co-benefits and social issues related to the plan. Group mostly agreed that while climate change is a global concern, most people have better buy-in when they think locally. Alick stated that while she likes the bones of the proposed event plan, it is lacking some heart. How can the group engage emotions so that people leave more excited than they came? Group discussed some options for getting more emotional buy-in. Some options given included video of people stating what they write on the Station #4 dry erase boards, using pictures in addition to the word cloud at station 95, etc. Beigel-Coryell asked how Cascadia will be getting input from larger community entities such as SOU, AHS, ACH, etc. Martin stated that they will be doing one-on-one interviews with those agencies. Group discussed the best ways to encourage participation in the event. Determined that invitations from committee members is helpful, in addition to the more targeted invitations, press releases, and social media messaging City staff will be doing. 7. GEOS Polling Project Update Koopman handed out the draft poll created by GEOS. She stated that it can't be lengthened (no extra questions added) but if the group has any comments, they can send them to her. GEOS is Minutes for the Climate and Energy Action Plan ad hoc Committee May 4, 2016 Page 4 of 4 targeting 2,000 people with the survey. The group thanked her and GEOS for working on this poll. Koopman departed the meeting 5: 03 p. nt. 8. Open House Outreach Plan Hanks asked the group to give their opinion on the two draft flyers (in the packet). The group generally preferred option #1. Some worried it had too many words to attract attention. They requested a few minor changes to the flyer, including adding a clearer title of the event and changing, "Be heard. Be engaged" to, "We want to hear from you." Martin agreed Cascadia would make those changes. Group discussed whether the second open house should be held on a weekend. Agreed that Sunday, late afternoon was a good option. 9. Next Meeting The next meeting will be May 18 at 5:30 p.m. Group discussed whether extending the meetings to two hours might be helpful to prevent discussions from being rushed or incomplete, particularly as this is a rather large committee. Rosenthal stated that he wants to remain considerate of people's time but is also understanding of the amount of work and the size of the group. Group agreed that, as necessary, they are willing to extend the meeting times. 10. Adjournment Meeting adjourned at 5:15 p.m. Respectfully submitted, Diana Shiplet, Executive Assistant Minutes for the Conservation Commission March 23, 2016 Page 1 of 3 MINUTES FOR THE ASHLAND CONSERVATION COMMISSION Wednesday, March 23, 2016 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Roxanne Beigel-Coryell called the meeting to order at 6:00 p.m. in the Siskiyou Room. Commissioners Shel Silverberg, Mark Weir, Marni Koopman, Risa Buck, and Cara Cruickshank were present. Staff member Adam Hanks, Councilor Rich Rosenthal, and commissioners James McGinnis and Bryan Sohl were absent. 2. Consent Agenda Koopman/Cruickshank m/s to approve the minutes of February 24, 2016, as presented. Voice Vote: All Ayes. Motion Passes. 3. Announcements The next commission meeting will be April 27, 2016. There will be a conference on April 16, 2016 regarding pollinators and pesticides. It will be from 8:00 a.m. - 5:00 p.m. at SOU. The night prior will be a happy hour fundraiser at the SOU library. On Tuesday, March 29, from 9:30 - 11:30 a.m. the Chamber of Commerce will be hosting a "best practices" workshop for restaurants. Former commissioner Beam will present to restaurants information regarding the choices they make at how those choices effect the waste stream. There will be a Hazardous Waste Disposal Day May 6th for businesses and May 7th for residential at Rogue Disposal in White City. Firewise Clean-up Day is April 30th at the Valley View Transfer Station. SOU is holding many Earth Week events April 18-24. Check the SOU Sustainability website for more information. On April 20 at 6:30 p.m. Buck is teaching a class at North Mountain Park regarding recycling (where it goes and why). 4. Public Forum Louise Shawkat - wanted the commission to know that the recycle center composting needs a rain barrel because when the water is turned off there is no water available to keep the composting going. Huelz Gutchen - stated that at the last City Council meeting he talked about the troubles in Syria and how their refuge crisis and current war are due to gas and desalination projects. Americans make more than 50% of the carbons in the atmosphere and here in Ashland we can't figure out whether burning things is good or bad. Now that it's possible to have zero-net, non-connected homes building departments and officials have to learn how to deal with these. The building department says that we can't build like that here in Ashland but he believes we can have Minutes for the Conservation Commission March 23, 2016 Page 2 of') exceptions or even a mandate to cause all buildings in Ashland to be built to zero net energy. He wonders how long it will take us to mandate zero-net energy homes and wants to have a contest for people to guess when that will occur. Oregon is now on the map for their new renewable energy laws and requirements. Kudos are corning from across the country for this progress. 5. Reports/ Presentations/ Updates Downtoivn Recycling - Buck stated that five of the baskets are up and signage will be up next week. They are still looking for three additional locations. Low Impact Living Workshop Series - Buck stated that she met with North Mountain Park staff regarding the series and they are in support of the classes. She is now waiting for Parks staff to inform her what dates and times are best for the workshops. She is working on a flyer and is writing an article with Beigel-Coryell for the Sneak Preview. 6. Old Business Sneak Preview Column - Group decided to swap July and August topics so that the Low Impact Living article will be closer to the expected dates of the workshops. Group discussed and agree to the request from the Sneak Preview editor to limit the articles to 650 words or less. Cruickshank/Weir m/s to approve Koopman's Climate Challenge article, once the word cloud has been removed from the draft. Voice Vote: All Ayes. Motion Passes. Weir/Koopman m/s to approve Buck's Plastics Recycling article as presented. Voice Vote: All Ayes. Motion Passes. Climate & Energy Action Plan - Beigel-Coryell stated that Koopman is now a member of the committee. Koopman gave an overview of the last meeting in which the group met with the consultant, who gave information regarding the upcoming process and spent time learning from the committee what they want from the process. There will be lots of outreach throughout and the consultant wanted a sense of what stakeholders/ sectors/ individuals in the community should be involved. Koopman stated she was glad to see two high school students attend the meeting and express interest in being involved. Rogue Valley Earth Day - There will be many members of the commission in attendance participating in booths such as the Ashland Climate Challenge, Conservation Division, Recology, and the Pollinator Project. 7. New Business Nomination of Chair and Vice Chair - Group discussed possible nominations. Buck would like to ask if either commissioners Sohl or McGinnis have interest in being the Chair. Koopman nominated Cruickshank as the Vice Chair, and she agreed to the nomination. Weir stated that if neither Sohl or McGinnis are interested in being Chair he is willing to fill the role for a year. 8. Wrap Up Cruickshank requested information on city policies/regulations/projects regarding preserving farm land. Group requested follow-up on the letter sent to businesses regarding the bag ban. Minutes for the Conservation Commission March 23, 2016 Page 3 of') Meeting adjourned at 7:10 p.m. Respectfully submitted, Diana Shiplet Executive Assistant Minutes for the Conservation Commission April 27, 2016 Page 1 of') MINUTES FOR THE ASHLAND CONSERVATION COMMISSION Wednesday, April 27, 2016 Siskiyou Room, 51 Winburn Way 1. Call to Order Chair Roxane Beigel-Coryell called the meeting to order at 6:02 p.m. in the Siskiyou Room. Commissioners Mark Weir, Risa Buck, Cara Cruickshank, and Bryan Sohl were present. Councilor Pam Marsh was present. Commissioner James McGinnis arrived late. Commissioners Marni Koopman, and She] Silverberg were absent. 2. Consent Agenda There was no quorum at the start of the meetings, so no approval of the minutes of March 23, 2016. 3. Announcements The next commission meeting will be May 25, 2016. There will be a Hazardous Waste Disposal Day May 6th for businesses and May 7th for residential at Rogue Disposal in White City. This Saturday is the FireWise green waste clean-up day at Valley View Transfer Station. Buck gave information regarding Armadillo Technical Institute in Phoenix and their on-line energy saving program called, Communities Take Action. She suggested it might be useful for the Climate and Energy Action Plan's upcoming events. SOU had a successful Earth Week, kicked off by the Pollinator Project event. SOU is collecting feedback to make next year's events even more successful. If you have comments, please send them to Beigel-Coryell or ecos cr,sou.edu. An electric vehicle was donated to SOU, additionally, SOU has a new charge-point electric vehicle charging station. It connects with cellular phones and is located north of the science buildings. City of Ashland recently purchased (and now has in use) an electric vehicle for the Firewise Coordinator. 4. Public Forum Huelz Gutchen - stated that climate change action is "getting goofy." At the recent Paris Summit over 180 countries signed the agreement. Recently, Greenland had polar ice caps melt, totaling 600,000 tons of water, causing the earth to wobble and magnetic north to move. Things like this will only get worse. He stated that the Climate and Energy Action Plan meetings are going well and at the last meeting they had a good discussion. He gave information on how Earth's temperature has increased at a more rapid pace than previously predicted. 5. Reports/ Presentations/ Updates Downtown Recycling - Buck stated there is new signage coming for the baskets and it should be up soon. So far the trial is going better than the previous clear-stream test from a few years ago. Minutes for the Conservation Commission April 27, 2016 Page 2 of") There are currently five baskets in place and one more should be up soon. Bag Ban Update - There is a memo in the packet with Hanks' update. Group discussed a desire to hear from staff how it's going - particularly in regard to enforcement. Commissioner James McGinnis arrived 6:18 p. m. In response to the group's discussion regarding a desire for code enforcement action on the bag ban, Marsh gave information regarding the pressures retailers are facing and suggested it might be better in the long run to focus more on education and encouragement rather than enforcement. Group determined there is need to further discuss at a later meeting ways to reward positive behavior and good attitudes about the ban. City Council Update - Councilor Marsh gave information regarding some of the upcoming agenda topics. Group expressed frustration and strong concerns that the Water Advisory Committee had been reformed for a review and update of the Water Master Plan without any conservation representation. Low Impact Living Series - Buck stated there are six classes scheduled and they will all be held at N. Mountain Park. Handouts/flyers are being finalized for the classes. Group agreed to skip ahead in the agenda to make sure election of a chair and vice chair was accomplished before close of meeting. 6. New Business Nomination/Vote of Chair/Vice Chair - Group discussed nomination options and who was willing to serve for the next year. McGinnis/ Weir m/s to approve Sohl as Chair and Cruickshank as Vice Chair. Voice Vote: all ayes. Motion Passes. 7. Old Business Sneak Preview Column - group discussed the June submittal regarding water conservation and agreed that irrigation options, as suggested by McGinnis, should be added to the article. Buck/McGinnis m/s to approve the June submittal with changes as suggested. Voice Vote: all ayes. Motion Passes. Climate & Energy Action Plan - Sohl stated that the committee has three new members, Cindy Bernard, Sarah Lasoff and Isaac Bevers. Lasoff and Bevers are high school students, and are non-voting members of the committee but their input has been valuable. The last meeting was productive. The committee spent time reviewing goals from other plans and establishing baseline targets via roundtable discussion. Sohl stated he feels more aggressive targets are important due to Ashland's lack of ability to grow substantially in population. The CEAP Committee also agreed to time goals to City budget cycles. He discussed the desire of some committee members to have goals and targets part of a legally-binding ordinance, including the possibility of having Minutes for the Conservation Commission April 27, 2016 Page 3 of 3 one set of highly optimistic goals and one set of more achievable ordinance-required goals. He invited the group to attend the May 24t" open house event at the Historic Armory (event begins at 5:30 p.m.). Rogue Valley Earth Day - Group agreed there was a good turnout for the event and it was the correct decision to not have a Conservation Commission table. Buck stated that she hopes Koopman can give her thoughts on the event at the next commission meeting, as she was the most vocal supporter of the commission providing financial support. 7. New Business, cont'd Open Burning in Ashland - Buck stated she is bringing the topic up to share her thoughts on open burning in Ashland and requests that the group be updated on current regulations and procedures. She is particularly concerned that permits are given for burning in location which have easy access to green-bin (or similar) disposal. She would like to know how many permits are regularly given, what's the permit criteria, and is there a goal to reduce year-to-year overall burning amounts? Group agreed there is an air quality aspect to this issue but raised concerns about completely eliminating open burning in Ashland, as it can cause more carbon output to transport green waste than to burn it in some cases. Group agreed they would like to have an update from staff regarding permits and policy and have a discussion regarding balancing low- carbon options, and how to support viable alternates to open burning. Fourth ofJuly - Group discussed the possibility of suggesting that the Climate and Energy Action Plan committee use this as an opportunity to promote the committee's work. The Conservation Commission members, however, have no strong interest or time available to participate this year. 8. Wrap Up Items to be added to the next agenda: • Group would like a discussion regarding membership - how to recruit for Silverberg's open position and should they suggest an ordinance change so that the school board representative is instead a representative of another large community entity. • Group would also like to discuss the CEAP's potential use of carbon-offsets as part of the action plan (how can this group support/educate/assist the CEAP discussion). Meeting adjourned at 7:50 p.m. Respectfully submitted, Diana Shiplet Executive Assistant CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Approval of Theater Corridor Public Art RFQ FROM: Ann Seltzer, management analyst, seltzeraAashland.or.us SUMMARY The Public Art Commission (PAC) is seeking approval for a Request for Qualifications (RFQ) to select an artist to commission and install public art in the Theater Corridor. The Council approved $75,000 in downtown beautification funds for this project. The PAC would like to increase the budget to $110,000 using money from the public art budget to make up the difference. BACKGROUND AND POLICY IMPLICATIONS: The Downtown Beautification Committee recommended a number of beautification projects which the Council approved in September 2014. These projects are being implemented using transient occupancy tax revenues for city capital projects that qualify; this money is often referred to as the downtown beautification funds. The City Council requested the opportunity to review the process for each beautification project. One of the approved projects is the installation of public art for the pedestrian walkway between East Main Street and the Thomas Theater. The PAC proposes to publish the attached RFQ for qualified professional public artists with experience creating visually interesting exterior spaces that integrate lighting into the design. In February the chair of the Public Art Commission, Margaret Garrington, attended the Historic Commission monthly meeting and asked for information to include in the RFQ. Terry Skibby, chair of the Historic Commission sent a letter and emailed photographs of the areas circa 1950. The RFQ clearly states the site is in the downtown historic district and the project must be compatible with the location in terms of scale, material, form and content which are the criteria used by the Historic Commission to evaluate the impact a structure may have on the surrounding area. In addition, the RFQ states the art may not be affixed to the wall of the adjacent historic building and must allow enough clearance for building maintenance. The selected artist will be provided the photographs and a description of the each of the adjacent buildings During the discussion, Garrington was asked why the project was not proposed to span the entire length of the walkway. She explained the budget was not sufficient to incorporate the entire span. Later the Public Art Commission discussed increasing the budget in order to extend the public art the length of the walkway. After a review of the available funds in the public art account (generated by TOT revenues), anticipated revenue, the proposed timeline for the project and taking into account the cost for the Gateway Island public art piece, the PAC will have an additional $40,000 available when Page 1 of 2 ~r CITY OF ASHLAND the artwork is installed in the spring of 2018 allowing the budget to increase to $110,000. The PAC would like Council approval to increase the budget using funds from the public art account. Anticipated Revenue Public Art TOT Allocation Current: $10900 August 2016 $ 21, 000 August 2017 $ 2100 TOTAL: $151,000 Expenditures Public Art TOT Allocation Gateway Project $100,000 Theater Corridor $ 3500 TOTAL: $13500 $16,000 remains available to cover expenses associated with project including a stipend for the artist to develop the two initial concepts and three required visits to Ashland plus unanticipated public art related projects. Finally, the Historic Commission (HC) requested an opportunity to review the final RFQ prior to the City Council review. The RFQ was reviewed by the HC at its meeting on May 4. The HC did not request any changes to the RFQ. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The budget for this project is $75,000. Funds are available and budgeted. An additional $35,000 in revenue is anticipated. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the proposed process. SUGGESTED MOTIONS: 1. I move approval of the Theater Corridor RFQ. 2. I move approval for the Public Art Commission to use $35,000 from the TOT funds allocated for public art to supplement this project for a total budget of $110,000. ATTACHMENTS: Draft RFQ for the Theater Corridor Public Art. Page 2 of 2 1%V4611 CITY OF ASHLAND DRAFT Call for Artists Request for Qualifications (RFQ) Public Art in Downtown Ashland The Project The City of Ashland Public Art Commission (PAC) seeks to commission an artist to design and execute a site specific public art installation along an exterior pedestrian corridor linking Main Street to the Oregon Shakespeare Festival theater campus and the city parking garage. This is a long concrete paved corridor located between two privately owned commercial buildings. The site was chosen for a public art installation by the City of Ashland Downtown Beautification Committee, and is located within Ashland's nationally registered Downtown Historic District. Ashland is located in the picturesque Rogue Valley of Southern Oregon just 15 miles north of the California border. Ashland is known as an artistic/intellectual city boasting numerous art galleries along with a strong performing arts community and is the location of Southern Oregon University. Ashland citizens strongly identify with the surrounding natural beauty of the area. The application deadline is 5:00 p.m., October 1, 2016. Project Intent The vision for this project is to add an original permanent signature installation of contemporary art within the city's downtown commercial district. The finished theater corridor project is meant to enhance the barren pedestrian corridor and transform it into a lighted artful walking experience encouraging exploration and use of the walkway both day and night. Therefore, creative use of light should be a strong component of the work combined with compelling daytime visual interest. This project is located within the City of Ashland's Nationally Registered Downtown Historic District and adjacent to an historic building. The artwork cannot be affixed to building walls or obstruct access to these walls. These adjacent buildings are approximately 10 to 20 feet tall. Clearance for proper building maintenance must be maintained. The theater corridor is a span 142 feet long and approximately 14 to 16 feet wide, with two stairways, and can be used in part or in total for the project. Refer to the attachments for photos and dimensions. The PAC is seeking an original artistic vision for this pedestrian corridor that: ■ Visually and spatially enhances the experience of pedestrians on the corridor and adjacent sidewalks. ■ Creates a sense of place and pride by establishing a distinctive landmark compatible with the downtown historic and commercial district ■ Is an original site specific engaging art work activating use of the walkway at all times of day and night ■ Is compatible with the location in terms of scale, material, form, content, and safety considerations ■ Enhances the sense of place by being viewable in some way both day and night ■ Reimagines this public space by visually connecting it to the theater campus and Main Street ■ Is a durable exterior art work requiring minimum conservation and maintenance Criteria The Public Art Commission will evaluate all submissions based on the following criteria: • Professional Qualifications • Proven artistic merit and excellence of prior relevant work including experience creating visually interesting exterior spaces that integrate lighting into the design. • Placemaking experience with original artistic vision • Experience fabricating and installing permanent artwork suitable for the outdoor environment RFQ Theater Corridor Page 1 of 4 March 2015 CITY of ASHLAND • Experience and willingness working within the collaborative processes in a public setting • Communicates well and can absorb ideas and articulate in a nonliteral way what has meaning to the community • Project management experience and ability to manage funds and time well • Statement of approach to this project Only artists who meet these criteria and eligibility requirements below should apply. References provided as part of this application will be contacted prior to final selection. Eligibility This opportunity is open to established professional artists living in the western United States including the states of Oregon, Washington, Idaho, Montana, Colorado, California, Nevada, Utah, Arizona, and New Mexico. Only professional artists with reviewable portfolios are eligible to submit qualifications. Applicants should have experience creating, fabricating and installing public art. Professional artists who have completed public art projects of similar scale, scope, and budget are encouraged to apply. Applicants who wish to be considered for this project should have experience creating durable outdoor public art pieces, working within the public process, working with stakeholders, and a proven ability to fabricate and engineer their own work or to work with engineers, fabricators and installers. Applicant must be able, either working independently or with a professional lighting designer, to create a lighting design and lighting plan denoting fixture specifications and placement, control specifications and locations, as well as, special detailing for integrating all lighting elements into the project. The design must be original, demonstrate artistic excellence and reflect the goals and objectives developed in conjunction with the commission. It must be designed to be adequately and safely displayed, maintained and secured. The selected artist will be required to provide evidence of appropriate liability, property damage, and workers compensation insurance while working on the site. The Award ■ $3,000 will be awarded to the selected applicant to develop two concept proposals ■ An all-inclusive award of $110,000 will be awarded to execute one of the concepts if approved. The budget includes artist fees, and all costs associated with the engineering and fabrication of the art work, delivery and installation. The Process Phase I The Public Art Commission will review all complete applications and select one applicant to create two proposals. Phase II The selected applicant is required to make a site visit and meet with the PAC to discuss all necessary background and project requirements. There will be at least two meetings with the PAC during the concept development phase so preliminary ideas can be considered and discussed. Either the PAC or the artist may request additional RFQ Theater Corridor Page 2 of 4 March 2015 CITY of ASHLAND meetings. At the discretion of the artist, these concept development meetings can be in person or by video conference, as distance requires. The final concepts must include specifications and samples of materials, the color of each component, the size of each compnent, installation requirements, durability, maintenance guidelines, safety considerations and budget with line items detailed. As lighting will be a very important aspect of this project, information should include how it will be incorporated, what its characteristics will be, how it will enhance the night time appearance of the space and how it will be energy efficient. Digital or physical models must be submitted the artist for each concept with all elements represented to correct scale and proportion to the site. Phase III The PAC will review the final concepts. The artist will present the concepts in person to the community and the Selection Panel. The Selection Panel will then review and select one concept of their choice. The PAC will then forward both concepts to the City Council and note the preference of the Selectton Panel. The City Council will review both concepts and make a final selection. The City Council may reject both concepts. Phase IV The artist will present both concepts in person to the City Council before a final selection is made. Travel Expenses The PAC will reimburse the artist (or one person per artistic team) up to $500 for each of the three required visits to Ashland: 1) site visit at the beginning of the process, 2) presentation of the concepts to the public, and 3) presentation to the City Council. Timeline October 3, 2016 deadline for responses to this RFQ December 15, 2016 selected applicant is notified February 2017 site visit in Ashland March - June 2017 artist meets with PAC in person or by video conference August 1, 2017 concepts are due September 2017 artist presentation to the public and to the City Council (two separate meetings) November 2017 construction documents due Spring 2018 installation Additional Information The PAC reserves the right to accept or reject any and all applications and proposals at any stage of the process or to seek an artist through another process. Final approval of the project is given by the Ashland City Council. Artists submitting qualifications and subsequent concept proposals for review will receive written notification of the results of the selection process. Submitting an application does not constitute an expressed or implied contract. RFQ Theater Corridor Page 3 of 4 March 2015 CITY OF ,ASHLAND Deadline The deadline for responding to this request for qualifications is October 3, 2016. Responses must include the following and submit as a single PDF: Artists interested in this project must prepare and submit a single PDF and include each item in the following order: 1. Letter of Interest (Required): A letter not to exceed two pages outlining your interest in this project, experience working on comparable projects, and a statement of approach including lighting. Letter must include address, email, and web site of artist. 2. Professional Resume (Required). A resume not to exceed two pages. Include artist training, professional experience, and design and experience in environmental design. If submitting as a team, submit a resume for each team member. 3. Images (Required). A maximum of ten (10) images oi'a variety of prior projects. Ten images per application, not per team member. At least four of these images must be of relevant outdoor public art pieces of which at least one with lighting incorporated into the project. Each image must be numbered and include the title, date of completion/installation, media, dimensions (height x width x depth, in feet), location, final project cost and a brief description of the work. Include the artist name. 4. Professional References (Required): A list of three (3) prior permanent public art project references with contact information (name, title, organization, mailing address, phone number, and email address), the name and location of the art work, and a brief description of the relationship. 5. Support Materials (Optional): A maximum of three (3) pieces of support materials, such as exhibition announcements, reviews, or newspaper clippings. As noted above, the entire submission must be a single PDF. Submissions must be submitted electronically as an email attachment and received by 5:00 p.m. on October 2016. Email the submission to: seltzera(a ashland.or.us Additional Information If you have any questions or need any additional information, please call Ann Seltzer at (541) 552-2106 or email her at seltzera a ashland.or.us Information about the site ■ Dimensions, images and map RFQ Theater Corridor Page 4 of 4 March 2015 Theater Corridor Images and Dimensions CITY OF -ASHLAND Looking from Main Street: to Thomas Theater ft, t. I i s x~£ K i F;3 r From Base l of Sta i rsI towards Main Street ~t. i.r t it x i a, NINE From Base of Stairs Towards Thomas Theater i Ii r t. s s r' ~ f t y 5. ~ y N; S f i HAG y ~F i i 1 r ~I^ '~s~ $ 10 Top of First Set of Stairs Towards Second Set of Stairs ,t + i ~ ^ mss t1~1 6v .h J. T j_ j 7 F`Y: f If From Theater Towards Top of Stairs The dimension below is informational. The corridor project "ends" at the corner of the building. y ~ s~ n ##~4?....ff a t ~t~ ~ ~@I . Y I r t ~ ~f Existing Utility Boxes The photo below gives a sense of the "clutter" on the building wall. wmv.~ F t 46 c. a C' ?L•: / .dM. ~ w I Existing Windows and Door More "clutter". r._ 1 1 z p S 1 tlry r 1 r f ;mss .r, 85 126 76 30 4 Ti'vlls (D 72 Q riu~n Bank p 64 33 37 45 67 125 z 101 175 131 145 745 161 E MAIN ST 62 142 150 166 PL47.,T ' 46 50 C 110 titar- Eartkh• 42 100 38 bucks Cnadc 20 (atr LU 15 w 7 Flrxll 44 Z 25 0 34 154 19 17 C 512 15 _4 n,; fr.s 11 llorrtnwr . Th,atre 40 5 Thomas ltarzetlitty TTreatrr Parkitrg .11 rrrrt rare 44 l_i7rtta t )"o k 175 51 Elicahrtban TltP~nre THEATRE CORRIDOR HAFZGADlNE ST x14 0 60 160 FT rte, CITY OF ASHLAND Council Communication June 7, 2016 Business Meeting Authorization to Apply for a Grant to Hire One Additional Police Officer for Three Years FROM: Tighe O'Meara, police chief, tighe.omeara@ashland.or.us SUMMARY The Ashland Police Department is seeking authorization to apply for a grant to hire one additional full time police officer for three years. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Police Department (APD) has an opportunity to apply for a grant through the United States Department of Justice Community Oriented Policing Services (DOJ COPS). The grant rules state that an agency of our size can apply for up to 1.4 full time officer positions. APD requests authorization to apply for one full time officer. This grant covers 75% of the cost of the officer's salary and benefits, with APD responsible for the remaining 25%. This position will be used to sustain the secondary central area patrol officer positon for the next three years while also allowing the department to re-engage with partnerships from which it has had to step away due to staffing needs. This request is only to apply for the grant. Appropriating the funds, if the grant is awarded, and adding the FTE to the budget will require a separate Council action. COUNCIL GOALS SUPPORTED: Public Safety 23. Support innovative programs that protect the community. FISCAL IMPLICATIONS: The cost of an entry level officer is approximately $74,000 and that of a mid-range lateral is approximately $99,000. The cost to the department, to be absorbed in the current and future budgets, would be approximately $18,500 to $24,750 depending on the officer hired. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the Council authorize the chief of police to apply for this DOJ COPS grant. SUGGESTED MOTION: I move to authorize the chief of police to apply for a DOJ COPS grant, for the purpose of funding an additional patrol officer position. ATTACHMENTS: None Page 1 of 1 ~r CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Approval of a class-special procurement for asphalt patching FROM Mike Morrison, Public Works Superintendent, mike. morrisongashland.or.us SUMMARY A Class Special Procurement (sourcing method) will allow the use of an alternative solicitation process to procure asphalt patching services. Written price quotes (price/square foot) for jobs up to $2,500.00 will be obtained every 60 to 90 days for asphalt patching services. The Public Works, Electric, and Parks Departments will be required to obtain at least three (3) written quotes for each individual asphalt patching job anticipated to exceed $2,500.00. This process will simplify the solicitation and contracting process for the departments by eliminating the need for each department to request quotes, process a contract and obtain insurance certificates for each small asphalt paving job. The proposed solicitation process will continue to be an open and competitive process and contracts and insurance certificates will be maintained for each of the asphalt patching contractors. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The Special Procurement, Approval Request Form (written findings), is attached for your consideration and review. The Class Special Procurement previously approved by Council on September 6, 2011 is due to expire June 30, 2016. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 279B.060, 279B.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. COUNCIL GOALS SUPPORTED: None FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for asphalt patching. Page 1 of 2 rr CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Class Special Procurement be approved per the attached Request for Approval Form (written findings). SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Class Special Procurement for asphalt patching. ATTACHMENTS: Form 49, Special Procurement - Request for Approval Form Page 2 of 2 CITY OF ASHLAND FORM #9 SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Morrison, Public Works Superintendent Date: June 7, 2016 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS27913.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Electric Water Wastewater. Street and Parks 2. Department Contact Name: Dave T gem rson (Elec) Steve Walker (Water) David Gies (WWTP), Jason Robustelli (WW), John Peterson (StreeD, Bruce Dickens (Parks) 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1, 2016 to: June 30, 2023 5. Total Estimated Cost: 6. Short title of the Procurement: Asphalt Patching Services Supplies and/or Services or class of Supplies and/or Services to be acquired: City and Parks departments have to make required and necessary repairs to power lines, storm drains and water lines, etc which requires the removal of asphalt to expose the areas in need of repairs and/or utility installations An asphalt paving contractor will then be hired to provide the material and labor to patch (replace) the asphalt as needed. Most of the asphalt paving-jobs are relatively small asphalt patching jobs that range in cost from $450.00 to $2,500.00. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: The Class Special Procurement previously approved by Council on September 6, 2011 is due to expire on June 30, 2016 Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 5/31/2016 Proposed procedure: Written price quotes (price/square foot) for ff'o bs up to $2,500.00 will be obtained every 60 to 90 days for asphalt patching services. Departments will be required to obtain at least three (3) written quotes for each individual asphalt patching job anticipated to exceed $2,500.00. This process will simplify the solicitation and contractinyprocess for the departments by eliminating the need for each department to request quotes, process a contract and obtain insurance certificates for each small asphalt paving- job. The proposed solicitation process will continue to be an open and competitive process and contracts and insurance certificates will be maintained for each of the asphalt patching contractors. S. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. The proposed solicitation process will remain open and competitive. The benefit here is that departments will not have to obtain quotes, process contracts and obtain insurance certificates for each relatively small asphalt paving job. Departments will only need to obtain at least three (3) written quotes from the asphalt paving contractors under contract with the City for jobs anticipated to cost more than $2,500.00. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X_ (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The proposed solicitation process is open and competitive and will remain open and competitive. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X__ (b)(i) will result in substantial cost savings to the contracting agency or to the public because: Eliminating a duplication of efforts by the departments in regards to satisfying the public contracting requirements will result in cost savings for each city department that has a need for asphalt patching services. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 27913.070, or any rules adopted thereunder because: The proposed solicitation process will remain open and competitive, result in cost savings y _ eliminating a duplication of efforts by departments, and satisfy the City's public contracting requirements. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement- Request for Approval, Page 2 of 3, 5/31/2016 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [i[approvecl, June 8, 2016] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [f approved, June 8, 2016] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [rf approved Jame 7, 2016]. This Class Special Procurement (sourcing method) will allow the use of an alternative solicitation process to procure asphalt patching services. Written price quotes (price/square foot) for jobs up to $2,500.00 will be obtained every 60 to 90 days for asphalt patching services. Departments will be required to obtain at least three (3) written quotes for each individual asphalt patching job anticipated to exceed $2,500.00. This process will simplify the solicitation and contracting process for the departments by eliminating the need for each department to request quotes, process a contract and obtain insurance certificates for each small asphalt paving job. The proposed solicitation process will continue to be an open and competitive process and contracts and insurance certificates will be maintained for each of the asphalt patching contractors. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 27913.060, 279B.065, or 27913.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Kariann Olson, Purchasing Representative, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:OOpm on [af posted as scheduled, June 15, 2016] This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 5/31/2016 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Approval of a class-special procurement for fuel purchases FROM Mike Morrison, Public Works Superintendent, mike. morrisongashland.or.us SUMMARY A Class Special Procurement (sourcing method) will allow the use of an alternative solicitation process to procure fuel (Unleaded and B5 Bio-Diesel) for City and Parks consumption. The alternative solicitation process will require a written solicitation to obtain written quotes each time fuel is purchased rather than using a formal Competitive Sealed Bid (Invitation to Bid) to award a long term contract to a single supplier. Obtaining written price quotes for each fuel purchase allows the City to consistently award public contracts for fuel to the lowest bidder, more flexibility when purchasing fuel, preferably when prices are decreasing, and the ability to compare quoted prices to reasonably ensure the City is receiving and paying the most current and accurate price for fuel (today's lower fuel price, not yesterday's higher price). BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The Special Procurement, Approval Request Form (written findings), is attached for your consideration and review. The Class Special Procurement previously approved by Council on July 19, 2011 is due to expire June 30, 2016. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 27913.060, 27913.065, 279B.070. The contracting approach may be custom designed to meet the procurement needs. COUNCIL GOALS SUPPORTED: None FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for fuel. Page 1 of 2 I . r CITY OF ASHLAND STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Class Special Procurement be approved per the attached Request for Approval Form (written findings). SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Class Special Procurement for fuel purchases. ATTACHMENTS: Form #9, Special Procurement - Request for Approval Form Page 2 of 2 1. ~r CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Morrison, Public Works Superintendent Kari Olson, Purchasing Representative Date: June 7, 2016 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works 2. Department Contact Name: Mike Morrison 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1, 2016 to June 30, 2023 5. Total Estimated Cost: Fuel costs have ranged from $190,000.00 (FY 16) to $271,000.00 (FY 14) 6. Short title of the Procurement: Fuel Purchases (Unleaded & B5-BioDiesel) Supplies and/or Services or class of Supplies and/or Services to be acquired: Unleaded & B5-BioDiesel fuel to be purchased for City/Parks consumption, specifically truck & trailer deliveries of fuel to be unloaded in fuel tanks located at the City of Ashland, Service Center, 90 N. Mountain Avenue, Ashland, Or 97520 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets as needed. Background: Written quotes have been requested consistently from the two (2) known suppliers (Hays Oil Company/Medford, Oregon and Jerry Brown Companylugene), willing to deliver large quantities of the specified fuel by truck and trailer to the City of Ashland. The Special Procurement previously approved by Council on July 19, 2011 is due to expire June 30, 2016 Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 5/31/2016 Proposed procedure: This class special procurement is a request to use an alternative solicitation, other than a formal Competitive Sealed Bid (Invitation to Bid), to procure fuel. Due to the cost of fuel exceeding $100.000.00. a formal Competitive Sealed Bid (Invitation to Bid) resulting in a long term contract with a single supplier would be required. The alternative solicitation process will require a written solicitation to obtain written quotes from each of the known fuel suppliers, willing to deliver the specified fuel via truck and trailer, each time fuel is purchased. Obtaining written price quotes for each fuel purchase allows the City to consistently award public contracts for fuel to the lowest bidder, more flexibility when purchasing fuel, preferably when prices are decreasing, and the ability to compare quoted prices to reasonably ensure the City is receiving and paying the most current and accurate price for fuel (today's lower fuel price, not yesterday's higher price). 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. It would be difficult for the City to monitor fuel pricing under a long term contract with a single supplier. This is due to the prices fluctuating on a daily basis (or more than once per day) and having to check the Eugene OPIS (Oil Price Index Service) at a specific time of the day (same time supplier calculates fuel prices) for the current prices (today's prices) and then having to calculate the actual cost of the fuel by adding the markup amount and applicable taxes. Requesting the suppliers calculate an appropriate markup for an entire fiscal year can be difficult too due to the fluctuating fuel prices and actual cost of delivering the fuel, which could result in the City paying more for fuel - not less, because the supplier would have to adjust the markup to cover the cost of delivering the fuel for a long term contract. Obtaining written price quotes for each fuel purchase allows the City to consistently award public contracts for fuel to the lowest bidder, more flexibility when purchasing fuel, preferably when prices are decreasing and the abili to compare prices to reasonably ensure the City is receiving and paying the most current and accurate price for fuel (today's lower fuel price, not yesterday's hider price). 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The proposed process will not diminish competition because quotes will be requested from each of the suppliers willing to provide truck and trailer deliveries of the specified fuel to the City and if/when we become aware of any additional suppliers, they too will also be given an equal opportunity to provide price quotes for fuel purchases (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and x (b)(i) will result in substantial cost savings to the contracting agency or to the public because: The City will have the flexibility to purchase fuel preferably when the prices are decreasing compare the prices submitted by each of the suppliers, and to award the public contract to the lowest bidder each time fuel is ordered. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 5/31/2016 X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 279B.060, 279B.065, or 279B.070, or any rules adopted thereunder because: Encouraging and allowing competition is in the City's best interest. Obtaining quotes for each fuel purchase will allow the City more flexibility when purchasing fuel, preferably when prices are decreasing, and the ability to compare prices to reasonably ensure the City is receiving and paying the most current and accurate price for fuel (today's lower fuel price, not yesterday's higher price). (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [f-'approved, June 8, 2016] PUBLIC NOTICE Approval of a Special Procurement First date of publication: [if approved. June 8, 2016] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [if approved, June 7, 2016]. This Class Special Procurement (sourcing method) will allow a written solicitation be used to obtain written quotes each time fuel is purchased. This is an alternative solicitation process to a Competitive Sealed Bid (invitation to Bid) resulting in a long term contract with a single supplier. Obtaining written price quotes for each fuel purchase will allow the City to consistently award public contracts for fuel to the lowest bidder, allow more flexibility when purchasing fuel preferably when prices are decreasing, and the ability to compare prices to reasonably ensure the City is receiving and paying the most current and accurate price for fuel (today's lower fiiel price, not yesterday's higher price). It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Office, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [if posted, June 15, 2016]. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement- Request for Approval, Page 3 of 3, 5/31/2016 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Contract with Pathway Enterprises (QRF) to provide janitorial services FROM Mike Morrison, Public Works Superintendent, mike.morrisonkashland.or.us Rachel Dials, Recreation Superintendent, rachel.dialscr~,ashland.or.us SUMMARY This is a contract with Pathway Enterprises to provide janitorial services for City and Parks facilities. Pathway Enterprises is a local Qualified Rehabilitation Facility (QRF) in Ashland and in accordance with ORS 279.850, the City is required by law to contract with a QRF if it can provide the product or service as specified and required by the City. The term for these janitorial service contracts will be July 1, 2016, to June 30, 2017. Contracts are processed annually because Pathway Enterprises is required to pay its employees the City's living wage and the living wage is adjusted annually every June 30 by the Consumer Price Index. BACKGROUND AND POLICY IMPLICATIONS: The existing contracts with Pathway Enterprises will expire June 30, 2016. As stated above and in the attached information on how to do business with a QRF, the City is required by law to contract with a QRF if the QRF can provide the product or services as required and specified by the City. COUNCIL GOALS SUPPORTED: None. FISCAL IMPLICATIONS: Funds are budgeted each fiscal year by the City and Ashland Parks Commission for janitorial services. Janitorial pricing proposals for FY 2016-2017 City of Ashland - $112,429.35 Ashland Parks Commission - $57,632.81 STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contracts for janitorial services be awarded to Pathway Enterprises, Inc. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the award of public contracts for janitorial services to Pathway Enterprises, a local qualified rehabilitation facility (QRF). ATTACHMENTS: How to do Business with a QRF Pricing Proposal from Pathway Enterprises Page 1 of) L1411 Qualified Rehabilitation Facilities • to do Business with QRF Q: What is a Qualified Rehabilitation Facility "QRF" and what do they do? A: A Qualified Rehabilitation Facility "QRF" is a non-profit rehabilitation organization qualified by the Oregon Department of Administrative Services employing Individuals with qualifying disabilities for not less than 75 percent of the total work hours of direct labor required for providing products and services their business customers. The mission of a QRF must be providing or facilitating employment related services to individuals with disabilities, enabling them to maximize their opportunities for employment. Q: What are the reasons to do business with a QRF? A: As a purchasing agent or buyer for a taxpayer-supported political subdivision, such as a city, county, school district, or an agency of the state of Oregon, there are several reasons to do business with a QRF: 1. It is the right thing to do. People who work in a QRF business need your help; jobs depend on business orders. There are thousands of Oregonians who are out of work because of a disability. As a public purchasing agent, you can make a difference. Your cooperation and willingness to buy goods and services from QRF businesses puts disabled people to work. 2. It is the smart thing to do. Oregonians with a disability who earn a wage require less taxpayer money. Your participation makes a difference to all Oregontaxpayers. 3. It puts you in the driver's seat. A negotiated contract process can allow you to tailor specifications to get exactly the product/service or performance you want. The long-term relationship with a QRF makes contract renewals a breeze. It also reduces the time to establish a contract. 4. It is the necessary thing to do. In 1977, the Oregon legislature passed the "Products of Disabled Individuals" act. This resulting statute, ORS 279.835 through 279.850 law obliges all state and local governments, school districts, and other tax-supported political bodies in Oregonto purchase goods and services from QRFs when the product or service is listed on the DAS Procurement List and meets the agency's requirements. The details of this act are contained in Chapter 279.835-855 of the Oregon Revised Statutes (ORS 279). This Chapter, "Public Contracts and Purchasing," spells out to all tax-supported state and local agencies how they are to spend the taxpayers' money on needed goods and services. Q: When should you do business with a QRF? A: Anytime you plan to make a purchase of the types of goods or services listed in the DAS Directory of Qualified Rehabilitation Facilities (Procurement List), you are obliged to procure it from the listed QRF if it meets your specifications and is available when you need to have it. Q: Who's in charge of this program? A: The Oregon Department of Administrative Services (DAS) manages the Products of the Disabled program. DAS qualifies each QRF in Oregon, and manages the list of those goods and services determined suitable for procurement by state and local governments, school districts and other taxpayer-supported agencies. It is DAS's duty to work cooperatively with the QRFs and Public Agencies to develop and maintain contracting opportunities for Oregonians with disabilities. Q: Why doesn't a QRF have to compete with other businesses for Government Contracts? A: Taxpayer-supported state and local political subdivisions do business with QRFs on a non-competitive basis. This means a QRF is not required to bid for your purchases in competition with for-profit contractors. Some of the reasons for this special treatment of QRF business enterprises are: 1. QRFs are non-profit enterprises. They have a mission to provide employment services to disabled members of the community. 2. QRFs provide special employment support to people with disabilities that cost time and money. Workers with disabilities require accommodations such as special training and job modifications that go far beyond what a commercial business could be required to provide. 3. The investment in the disabled worker is high, but in terms of public benefit it is returned many times over when long-term employment can be provided. Stable employment is critical to the success of these programs. 4. QRF businesses are self-supporting. Their prices for goods and services have to recover all the costs necessary to train, equip and supervise their workers. They are required by law to pay the prevailing wage in their area for the type and quality of work being done. Plus, the QRF pays for liability and workers' compensation insurance, and all the other overhead expenses any business has. The purpose of the state "Products of Disabled Individuals" law is to encourage and assist disabled people to work, and to achieve gainful employment. Employment enhances the ability to be as self-supporting as they can be. They will be less dependent on welfare and costly institutionalization. Q: How to get started? A: Once you have established the need to procure a product or service go to the Procurement List, published on SPO's website, to see if the product or service is provided by a QRF. If there is a QRF on the Procurement List, contact the QRF to see if they can meet your specifications and delivery timelines. If they are able to meet your specifications and timelines you can begin negotiating a contract. When looking to procure a product, ask the QRF representative to provide you with samples so you can make sure the products are right for you. Talk with the QRF representative if you need some minor adjustment or changes to suit your particular use of the product. When looking to procure a service you may find more than one QRF available. Contact as many of those QRFs as you wish. Inquire which QRF is interested in servicing your needs. Invite those interested QRFs to meet with you and tour your facility. Provide them with your specification draft. You may narrow down your candidates through references, training they provide their employees, and/or by an interview process with the QRF representatives. If no source is located on the Procurement List for your specific needs, you may move forward with your agency's procurement process. Q: How to negotiate the deal? A: If you are purchasing a product and you are an ORCPP member you may simply make your purchase from the DAS Price Agreement. If you are purchasing a product or service from a QRF and DAS does not have an established contract for that product or service you may work directly with the QRF to negotiate your own contract. DAS must determine the price of that contract before the contract is initiated. If the initial price exceeds your budget estimate, let the QRF know and give them a chance to work through the numbers with you a second time. There could be a misunderstanding about your requirements or a mistake somewhere in the figures. It could be that your specifications exceed your budget. When the price submitted by the QRF meets the agency's budget the QRF and the Agency may submit that price to DAS on an approved form for final determination. To simplify the process, DAS has developed a form for this purpose. Price Approval Form.doc It is sometimes not possible to develop a contract with a QRF contractor. Usually, it will be price or specification that will get in the way. As the public purchasing agent, you should know what the limits of the program budget or specification tolerances. The QRF can drop the project or perhaps try again later. In the past agencies have been able was able to split up the work into smaller pieces in order to have partial QRF participation. It is necessary to make a good faith effort to establish a QRF contract. QRFs are looking for long-term business partnerships, not advantages. Q: How to deal with quality assurance and performance problems? A: One of the biggest advantages of doing business with a QRF is that it is a relationship, not just a one-time competitive bidding arrangement. QRF businesses are there to provide permanent jobs for disabled Oregonians, not to make money by cutting corners. You should expect quality services and products. As a purchasing agent, you have the capability to make your agency's QRF contract successful. It just takes communication and cooperation. Talk to your QRF counterpart. Make sure your program people are introduced to the QRF representative and that everyone involved in the contract administration process knows what's expected of them. For example, if you have a QRF doing custodial services, plan a joint walk-through on a weekly basis from the beginning of the contract. Spend time talking about performance expectations at the beginning of your relationship and you will each get to know and understand the other. As your contract relationship settles into a routine, you can cut down on the frequency with which you meet with the QRF contractor. But still plan on regular meetings with the QRF representative to talk about their performance and to make adjustments in the contract as needed. Together, write down any changes you and the QRF agree to make. Amend your contract to reflect the mutually agreed upon changes. This bit of routine "housekeeping" will keep your mutual understanding of what's to be done fresh and current. If a problem does surface, however, you must tell the QRF management immediately. Don't wait, hoping things will get better. They can't fix the problem if they don't know about it. If you have taken the time to get to know each other at the start of the contract, any issue will be easier to solve. Again, document any needed changes or complaints and share them with the QRF. Remember the old adage is true; take care of the little things before they get to be big things! If, after making these efforts, you cannot resolve your problems, remember that you have authority to terminate the contract just as you would with any commercial business. If there seems to be no other way, talk candidly with the QRF about termination. It may be in the best interests of everyone involved. Q:What is the process for contract renewal with a QRF? A: Here are a few points to consider when preparing for the renewal process: • Plan your annual renewal process well in advance of the ending date of the contract period. For a large custodial contract, for example, three or four months is not too early to start working with the QRF on the renewal process. • Revise and update your specifications to show any changes made during the contract period. At renewal, the QRF will review its pricing structure, which is to your advantage. Often, they are able to work with the agency to cut prices or costs as they gain experience with you and understand the fine points of the work to be performed. • A quality service or product can potentially be provided to your agency for many years to come, resulting in long-term benefits for disabled Oregonians and taxpayers alike. • Remember that DAS must approve any price changes in the renewal process. Q: Who can you call for more information or help? A: QRF Coordinator Darvin Pierce Tel: (503) 378-4690 E-mail: darvin.pierce(astate.or.us Procurement Policy Group Chief Financial Office Department of Administrative Services 155 Cottage St. NE Salem, OR 97031 FAX: (503) 373-7643 nil thw Enterprises, Rebecca Simpson; CEO April 29, 2016 Kari Olson Purchasing Representative City of Ashland 90 N. Mountain Ave. Ashland, OR 97520 Ms. Olson, I have prepared our janitorial service pricing proposal for the City of Ashland based on the living wage of $14.52 per hour. The updated changes for 2016 -2017 services is as follows - Monthly 2015 - 2016 2016 - 2017 City Hall 1,138.09 1,145.68 Community Development 1,785.05 1,797.13 Municipal Court 866.29 872.00 Police Department _ 1,536.22 1,546.57 Police Sub Station 115.06 115.83 Service Center 11348.64 1,396.24 Street and Shop 430.64 508.57 The Grove 939.02 945.23 Carpet and Hard Floors 1,036.12 1,041.87 Difference Total 9,195.13 9,369.11 173.98 Annual 2015 - 2016 2016 - 2017 City Hall 13,657.08 13,748.16 Community Development 21,420.60 21,565.52 Municipal Court 10,395.48 10,463.94 Police Department 18,434.64 18,558.84 Police Sub Station 1,380.75 1,389.99 Service Center 16,183.68 16,754.83 Street and Shop 5,167.68 6,102.83 The Grove 11,268.24 11,342.81 Carpet and Hard Floors 12,433.44 12,502.43 Difference Total 110,341.59 112,429.35 2,087.76 nil A~ AIL" thw a JOBS ses. Inc.'" E Y E rite Rebecca Simpson; CE- I am proposing the follow on price of $112,429.35. Pathway Enterprises, Inc. truly appreciates the partnership we have with the City of Ashland and we look forward to another year of services. Sincerely, , _ ter, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 1600 Skypark Drive, Suite 101 Medford, OR 97504 Office (541) 973-2728 Cell (541) 601-4550 Fax (541) 973-2729 . thw E ntc r :)ri des. nle. Y Rebecca Simpson; CEO April 29, 2016 Rachel Dials Recreation Superintendent City of Ashland 340 S. Pioneer Street Ashland, OR 97520 Ms. Dials, I have prepared our janitorial service pricing proposal for the City of Ashland Parks based on the living wage of $14.52 per hour. I propose that our annual price increase to $57,632.81. The updated changes for 2016-2017 services are as follows - Monthly 2015 - 2016 2016 - 2017 Pioneer Hall & Community Ctr 1,662.13 1,726.74 Parks Office 428.58 450.70 Nature Center 381.57 414.62 Senior Center 1,373.80 1,436.61 Oak Knoll Pro Shop 270.22 271.60 Carpet and Hard Floors 499.72 502.47 Difference Total 4,616.02 4,802.73 186.71 Annual 2015--2016 2016-2017 Pioneer Hall & Community Ctr 19,945.56 20,720.87 Parks Office 5,142.96 5,408.40 Nature Center 4,578.84 4,975.44 Senior Center 16,485.60 17,239.33 Oak Knoll Pro Shop 3,242.64 3,259.17 Carpet and Hard Floors 5,996.64 61029.60 Difference Total 55,392.24 57,632.81 2,240.57 'V'qW 7n IT VV a I h. V . a. th Y Enterprises, Rebecca Simpson; CEO Pathway Enterprises, Inc. truly appreciates the partnership we have with you and we hope to continue providing an expanding variety of services to you and the people of the City of Ashland. Sincerely, Richard Simpson Contract Services Director Pathway Enterprises, Inc. 1600 Skypark Drive, Suite 101 Medford, OR 97504 Office (541) 973-2728 Cell (541) 601-4550 Fax (541) 973-2729 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Approval of a class-special procurement for vehicle and equipment repairs and maintenance FROM Mike Morrison, Public Works Superintendent, mike. morrison o,ashland.or.us SUMMARY This "Class Special Procurement" (sourcing method) is being processed to seek an exemption from the competitive bid process and directly award public contracts to vendors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools and diagnostic equipment would be more costly to the City then outsourcing the needed repairs, maintenance and service. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contractors based on competency, expediency, workmanship, availability and competitive pricing. BACKGROUND AND POLICY IMPLICATIONS: A Special Procurement is used for the purpose of seeking an exemption from the competitive bid process, custom designing and/or alternative contracting approach, or for the direct selection or award of a public contract or series of contracts. The Special Procurement, Approval Request Form (written findings), is attached for your consideration and review. The Class Special Procurement previously approved by Council on March 20, 2012 is due to expire June 30, 2016. Section 2.50.090 Exemptions from Formal Competitive Selection Procedures All Public Contracts shall be based upon Competitive Sealed Bidding (Invitation to Bid) or Competitive Sealed Proposals (Request for Proposal) pursuant to ORS 279A - 279C and the Model Rules except for the following: G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or both, based upon a contracting procedure that differs from procedures described in ORS 279B.055, 27913.060, 27913.065, 27913.070. The contracting approach may be custom designed to meet the procurement needs. COUNCIL GOALS SUPPORTED: None Page 1 of 2 ~r CITY OF ASHLAND FISCAL IMPLICATIONS: Funds are budgeted each fiscal year for vehicle and equipment repairs and maintenance. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Class Special Procurement be approved per the attached Request for Approval Form (written findings). SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the Class Special Procurement for vehicle and equipment repairs and maintenance. ATTACHMENTS: Form #9, Special Procurement - Request for Approval Form Page 2 of 2 ~r CITY OF FORM #9 ASHLAND SPECIAL PROCUREMENT REQUEST FOR APPROVAL To: City Council, Local Contract Review Board From: Mike Morrison, Public Works Superintendent Date: June 7, 2016 Subject: REQUEST FOR APPROVAL OF A SPECIAL PROCUREMENT In accordance with ORS279B.085, this request for approval of a Special Procurement is being presented to the City Council for approval. This written request for approval describes the proposed contracting procedure and the goods or services or the class of goods or services to be acquired through the special procurement and the circumstances that justify the use of a special procurement under the standards set forth ORS 279B.085(4). 1. Requesting Department Name: Public Works / Fleet Maintenance _ 2. Department Contact Name: Mike Morrison 3. Type of Request: X Class Special Procurement Contract-specific Special Procurement 4. Time Period Requested: From July 1, 2016 To: June 30, 2023 5. Total Estimated Cost: Cost will be determined by the actual repairs, maintenance and service that are required to be outsourced to maintain City vehicles and equipment. 6. Short title of the Procurement: Repairs, maintenance and service that are required to be outsourced to maintain City owned vehicles and equipment. Supplies and/or Services or class of Supplies and/or Services to be acquired: The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost to maintain these specialized tools and diagnostic equipment in the City shop would be more costly to the City then outsourcing the needed repairs, maintenance and service. 7. Background and Proposed Contracting Procedure: Provide a description of what has been done in the past and the proposed procedure. The Agency may, but is not required to, also include the following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract Form(s), and any other documents or fonns to be used in the proposed contracting procedure. Attach additional sheets as needed. Form #9 - Special Procurement - Request for Approval, Page 1 of 3, 5/31/2016 Background: Contracts are awarded to contractors based on competency, qualifications, certifications workmanship, expediency, availability and competitive pricing. Proposed procedure: Fleet Maintenance is seeking an exemption from the competitive bid process to DIRECTLY AWARD public contracts on an as needed basis to highly skilled and reliable contractors to perform repairs, maintenance and service on City owned vehicles and equipment. 8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a Special Procurement. Attach relevant documentation. On occasion, work to repair City owned vehicles and/or equipment must be outsourced. If so, trouble shooting njy be required to determine what repairs and maintenance are required to repair a specific vehicle or piece of equipment There are also critical pieces of equipment that require immediate attention if a problem develops, and the work must also be completed immediately. 9. Findings to Satisfy the Required Standards: This proposed special procurement: X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts because: The City currently contracts with various qualified, highly skilled and competent contractors to perform these services There are also specific mechanics, service facilities, dealerships and/or manufacturers that are competent and certified to do specific work on specific vehicles and/or equipment The City considers competency, qualifications, certifications, reliability, expediency, availability and competitive pricing when making the decision as to who will perform the required services on City owned vehicles and equipment. If the City is contacted by additional competent contractors they too will be considered to perform these services. (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.); and X (b)(i) will result in substantial cost savings to the contracting agency or to the public because: It is mandatory that repairs and maintenance be performed on City owned vehicles and equipment by highly skilled, qualified and competent contractors for their continued use and safe operation. (Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or X (b)(ii) will otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with the requirements of ORS 279B.055, 27913.060, 27913.065, or 279B.070, or any rules adopted thereunder because: It is in the City's best interest to contract with competent and reliable contractors that are reliable, dependable and qualified to provide these services It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation (Please provide specific information that demonstrates how the proposed Special Procurement meets this requirement.) Form #9 - Special Procurement - Request for Approval, Page 2 of 3, 5/31/2016 Public Notice: Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give public notice of the Contract Review Authority's approval of a Special Procurement in the same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement and shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract. After the Special Procurement has been approved by the City Council, the following public notice will be posted on the City's website to allow for the seven (7) day protest period. Date Public Notice first appeared on www.ashland.or.us - [if approved, June 8, 20161 PUBLIC NOTICE Approval of a Special Procurement First date of publication: [if approved, June 8, 2016] A request for approval of a Special Procurement was presented to and approved by the City Council, acting as the Local Contract Review Board, on [if approved, June 7, 20161 This "Class Special Procurement" (sourcing method) was processed to seek an exemption from the competitive bid process and directly award public contracts to contractors to perform repairs, maintenance and service on City owned vehicles and equipment. The majority of vehicle and equipment repairs and maintenance are performed by the Fleet Maintenance Division. However, there are times when a vehicle or piece of equipment must be outsourced for repairs and maintenance. This is due to the specialized tools and diagnostic equipment required to diagnose and repair each individual vehicle and/or piece of equipment. Highly specialized tools and diagnostic equipment are very costly, proprietary, and require costly annual upgrades. The cost of maintaining these specialized tools and diagnostic equipment would be more costly to the City then outsourcing the needed repairs, maintenance and service. It is imperative that the City maintain City owned vehicles and equipment in a manner that ensures their continued use and safe operation Public contracts will be awarded to contractors based on competency, expediency, workinanship, availability and competitive pricing. It has been determined based on written findings that the Special Procurement will be unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts, and result in substantial cost savings or substantially promote the public interest in a manner that could not be realized by complying with the requirements that are applicable in ORS 279B.055, 279B.060, 27913.065, or 279B.070. An affected person may protest the request for approval of a Special Procurement in accordance with ORS 27913.400 and OAR 137-047-0300. A written protest shall be delivered to the following address: City of Ashland, Purchasing Representative, Kari Olson, 90 N. Mountain Avenue, Ashland, OR 97520. The seven (7) protest period will expire at 5:00pm on [if posted, June 15, 2016]. This public notice is being published on the City's Internet World Wide Web site at least seven days prior to the award of a public contract resulting from this request for approval of a Special Procurement. Form #9 - Special Procurement - Request for Approval, Page 3 of 3, 5/31/2016 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Approval of a change order in excess of 25% for concrete work at Reeder Hydro Powerhouse FROM: Mark Holden, director of Electric and IT, mark.holden@ashland.or.us SUMMARY The Council is asked to approve a change order in excess of 25% of the original contract amount for concrete work at the Reeder hydro powerhouse. This change order is for additional and unforeseen work necessary to enlarge the nozzle pit for the lower water control nozzle of the City's hydro-electric generator. The original estimate for the work was $4250, the amount of this change order is $2950, bringing the total for the job to $7200. BACKGROUND AND POLICY IMPLICATIONS: At the Council meeting on October 20, 2015, the Electric Department presented, and Council approved, a solution to refurbish and upgrade the hydraulic operating components of the City's hydro- electric generator. Part of this solution required the concrete pit in the floor of the powerhouse to be enlarged. This pit allows for the attachment of the lower water control nozzle to the generator. Enlarging the pit was necessary due to the new design which keeps all hydraulic components external to the water supply eliminating any potential for contamination of the City's water. Three bids were submitted for the removal and rebuilding of the concrete pit. The contract was subsequently awarded to the lowest bidder. Due to the unforeseen depth and strength of the existing concrete that had to be removed, the number of required man hours for the project increased beyond the amount in the original estimate. The associated change order is a result of those additional man hours. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The additional funds required will come from monies already budgeted within the current biennium for capital improvement projects. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the contract amendment cost for an additional $2950 as this work was necessary to upgrade the needle nozzles and return the City's hydro-electric generator to service. Page 1 of 2 ~r CITY OF ASHLAND SUGGESTED MOTION: I move approval of a contract amendment with Vitus Construction for an additional $2950 for a total contract amount of $7200. ATTACHMENTS: Contract amendment Form #10 Page 2 of 2 ~r FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM Request for a Change Order ASHLAND Name of Supplier 1 Contractor I Consultant: Vitus Construction Inc. Total amount of this contract amendment: Purchase Order Number: 13375 Title I Description: Concrete work for new nozzle pit in power house floor $ 2950 ❑ Per attached contract amendment Contract Amendment Original contract amount $ 4250 100 % of original contract Total amount of previous contract amendments $ 0 0 % of original contract Amount of this contract amendment $ 2950 69 % of original contract TOTAL AMOUNT OF CONTRACT $ 7200 169 % of original contract In accordance with OAR 137-047-0800:1) The amendment is within the scope of procurement as described in the solicitation documents, Sole Source notice or approval of Special Procurement. 2) The amendment is necessary to comply with a change in law that affects performance of the contract. 3) The amendment results from renegotiation of the terms and conditions, including the contract price, of a contract and the amendment is advantageous to the City of Ashland, subject to all of the following conditions: a) goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract; b) The City determines that, with all things considered, the amended contract is at least as favorable to the City as the unamended contract; c) The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement. An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents, it would likely have increased competition or affected award of contract. 3 Contract amendment is within the scope of procurement: YES X NO* (If "NO", requires Council approval 1 Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT - Less than $5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT, QRF or ❑ "YES", the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments s $6,000. ❑ "YES", the total amount of cumulative amendments ❑ "YES", the total amount of original contract and ❑ If "NO", amount exceeding authority requires 25% of original contract amount or $250,000 cumulative amendments s $100K for Goods & Services, s Council approval. Attach copy of Council whichever is less. $75K for Personal Services, < $50K for Attorney Fees. Communication. ® If "NO", amount exceeding authority requires ❑ If "NO", amount exceeding authority requires Council ❑ Exempt- Reason: Council approval. Attach copy of Council approval. Attach copy of Council Communication. PERSONAL SERVICES Communication. ❑ Exempt- Reason: ❑ "YES", Direct appointments $35,000 ❑ Exempt-Reason: ❑ If "NO", requires approval. INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods & Services - $5,000 to $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the Personal Services - $5,000 to $75,000 < 25% of original contract amount or $250,000 emergency, including necessity and circumstances ❑ "YES", the total amount of cumulative whichever is less. requiring the contract amendment amendments s 25% of original contract amount. ❑ If ❑ If "NO", amount exceeding authority requires ❑ Obtain direction and written approval from City "NO", amount exceeding authority requires Council Council approval. Attach copy of Counc l Administrator approval. Attach copy of Council Communication. Communication. ❑ If applicable, attach copy of Council Communication ❑ Exempt-Reason: ❑ Exempt-Reason: ❑ Exempt - Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council. within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date) Procurement. If "NO", Council approval is required. Attach copy of Council Communication, ❑ If "NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator. Attach co of Council Communication. Project Number - - - - - - - - - Account Number 690.11.1$,00.704100 Account Number------- 'Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Alfa exfra p ges if needed. t f Employee SignaturDepartment Head Signature.` x'.------- (Total amount of contr°aet -5 $x,000) City Administrator: (Equal to or greater than $25,000 or 10%) Funds appropriated for current fiscal year: YES I NO Finance Director (Equal to or greater than $5,000) Date Comments: Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 5/24/2016 CITY OF ^ASHLAND Council Communication June 7, 2016, Business Meeting A Resolution Changing Parking Fees and Fines and Repealing Resolution 2016-03 FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY This resolution adds an all-day and a nighttime parking permit for the Hargadine parking structure to the City's parking fee schedule. The permits are priced at $50 and $25 per month, respectively. BACKGROUND AND POLICY IMPLICATIONS: At its May 17, 2016, business meeting, the Council adopted resolution 2016-03, which increased parking fines and established a new fee schedule for charges at the Hargadine parking structure. That fee schedule included a charge for a daytime parking permit at Hargadine but no all-day or evening permit. Subsequent to the adoption of resolution 2016-03, the City received a request to modify the fee schedule to include an evening permit. This resolution now before the Council creates all-day and evening permits at the Hargadine parking structure at a monthly cost of $50 and $25, respectively. In addition, the resolution limits the number of all-day and nighttime permits that are issued in any given month from March through October to 40, or roughly 30% of the parking structure's capacity. This is to ensure that the parking structure does not get filled to capacity on a nightly basis during peak tourism season by permit-holding employees of downtown businesses. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The demand for all-day and nighttime parking permits is unknown. It is therefore not possible to predict the fiscal impact of creating these permits STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this resolution adjusting parking fines and fees SUGGESTED MOTION: I move approval of a resolution titled, "A resolution changing parking fines and fees and repealing resolution 2016-03". ATTACHMENTS: Resolution Pa elofl 1 . RESOLUTION NO. 2016- A RESOLUTION CHANGING PARKING FEES AND FINES AND REPEALING RESOLUTION 201.6-03 WHEREAS, the City Council established its authority to set parking fines, fees and charges by adopting Ordinance No. 3122; and WHEREAS, the ordinance provides for setting and revising parking fines, fees and charges by resolution; and WHEREAS, The City Council established such fines, fees and charges, effective June 1, 2016, via resolution 2016-03; and WHEREAS, resolution 2016-03 inadvertently omitted a parking permit fee; NOW, THEREFORE, THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. In accordance with Ordinance No. 3122 the following fines, charges and fees are in effect: Parking Fees, Charges and Fines Paid Parking Fees (where applicable): City structure or lot: 6:00 a.m. - 6:00 p.m. (or segment) $2.00 6:00 p.m. - 2:00 a.m. (per hour) $2.00 6:00 a.m. - 2:00 a.m. (maximum) $10.00 Parking permit (where applicable in City structure or lot) 6:00 a.m. - 6:00 p.m. Monday - Saturday (unless otherwise posted) $30.00 6:00 p.m. -1-00 a.m. Monday - Saturday (unless otherwise posted) $25.00` All-day, 6 a.m. to 2 a.m. Monday - Saturday (unless otherwise posted) $50.00* * No more than 40 (combined total) nighttime and all-day parking permits shall be sold in any month from March through October. Other Downtown Parking Area Fees: Short Term (<30 minutes) unloading from "marked" business vehicle with flashers No charge Daily parking permit (Orange): 1 st day or fraction of day $10.00/day Additional days (limited to 5 days; no charge on Sunday or federal holidays) $2.00/day • Applicable permits/licenses must be current • Limit of two permits per business address at a time • Each permit is good for one parking space • Not applicable to handicapped or short term spaces equal Page 1 of 2 to or less than 15 minutes, green loading zones, fire or other restricted areas. Parking Fines and Fees (citywide) Basic fine for overtime, improperly parked, non-payment, etc. $22.00 Additional fine for receiving 3 or 4 tickets in a calendar year $25.00 Additional fine for receiving 5 or more tickets in a calendar year $50.00 Parking fine for Handicap Space violation $190.00 (or as set by state law) Disabling/Boot removal fee available (as negotiated by city with tow company for 24 hour availability) $85.00 SECTION 2. Resolution No. 2016-03 is repealed in its entirety. This resolution was duly PASSED and ADOPTED this day of June, 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 CITY OF ^ASHLAND Council Communication June 7, 2016, Business Meeting A Resolution Approving the Formation of the Rogue Valley Heritage District FROM: Dave Kanner, city administrator, dave.kanner cr ashland.or.us SUMMARY The Jackson County Board of Commissioners intends to create a county-wide Rogue Valley Heritage District, a special taxing district that supports historical museums and historic preservation activities. The Commissioners intend to place a measure on the November 2016 ballot asking voters to approve district formation and a county-wide permanent tax rate of $0.05 per $1,000 of assessed value to fund the district and its historic preservation goals. This resolution grants consent to include the City of Ashland in the district. ' BACKGROUND AND POLICY IMPLICATIONS: Heritage Districts are special taxing districts that provide for the support and funding of, among other things, the operation and maintenance of historical sites and museums and the acquisition of objects, properties and materials of historical significance. If approved, the Rogue Valley Heritage District would support programs of museums and heritage societies within the district on behalf of all district residents. The district will be established under Chapter 358 of Oregon Revised Statutes (ORS 358.442 - 358.474). If approved by the Jackson County Board of Commissioners, the November 2016 election will include a vote to approve a permanent tax rate limit of no more than $0.05 per $1,000 of assessed value. With this county-wide property tax, the Jackson County Heritage Association estimates it can raise in excess of $850,000 a year to preserve local heritage in the Rogue Valley Heritage District. The bulk of the district's funds would go to support 14 historical societies and museums, however, none of those are located in Ashland. The Council, in 2013, adopted a resolution approving the formation of a Rogue Valley Heritage District, but that district formation effort, which was an initiative petition, never made it to the ballot. According to a Heritage Association representative, the deadline for submission of City resolutions is June 20. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: No fiscal impacts to the City of Ashland budget, however, if the ballot measure passes as proposed a permanent property tax of $0.05 per $1,000 of assessed value will be added to the general government Page 1 of 2 P. CITY OF ASHLAND tax rate paid by all property owners in the City of Ashland. STAFF RECOMMENDATION AND REQUESTED ACTION: None. SUGGESTED MOTION: I move approval of a resolution titled, "A resolution of the City Council of the City of Ashland approving a Jackson County order to initiate formation of the Rogue Valley Heritage special district and consenting to the inclusion of City territory within the boundaries of the district. ATTACHMENTS: Resolution Our Heritage Matters fact sheet Page 2 of 2 P. ~r RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND APPROVING A JACKSON COUNTY SPECIAL ORDER TO INITIATE FORMATION OF THE ROGUE VALLEY HERITAGE SPECIAL DISTRICT AND CONSENTING TO THE INCLUSION OF CITY TERRITORY WITHIN THE BOUNDARIES OF THE DISTRICT RECITALS: A. The Jackson County, Oregon, Board of Commissioners intends to form a county heritage special district under the authority of Oregon Revised Statutes (ORS) 198.705 to 198.955 and 358.442 to 358.474. The name of the proposed special district is the "Rogue Valley Heritage District" (hereinafter "District"). The proposed District would have the powers generally identified in ORS 358.44 to 358.474 and the powers listed in ORS 358.466, including, without limitation: operating and maintaining heritage sites and structures; acquiring and preserving property of historical interest, historical objects, and materials and documents of historical importance; and establishing and maintaining programs for heritage societies within the District. B. The governing body of the District shall be a board of five members to be elected by the electors of the District as required by ORS 358.448, and the board members shall be elected at large by position number as allowed by ORS 358.456(1)(b). C. The Jackson County Board of Commissioners may initiate the formation of the District by adopting an order under authority of ORS 198.835. The Board proposes to include all county territory within the boundaries of the proposed District. D. Jackson County voters will be asked to establish a permanent property tax rate limit of $.05 per $1,000 for the District's operations as authorized by ORS 358.466(4) and 358.468. E. Pursuant to ORS 198.835(3), the territory of the City may only be included within the boundaries of the District if the City Council adopts a resolution approving the proposed County order initiating the formation of the Rogue Valley Heritage District. The proposed County order is attached hereto as exhibit A. F. Currently, funding sources for the various museums, historical societies and heritage organizations within Jackson County are not stable and are declining. Formation of a heritage district will secure a permanent source of funding for the services, programs and activities provided by these entities to the citizens of Jackson County and the City. G. The City Council believes creation of a Jackson County heritage district will benefit all city residents for the following reasons: • A stable revenue stream will allow museums, historical societies and heritage organizations in Jackson County to continue to provide the following services, programs Page 1 of 2 and activities that are important to our community: o Jackson County heritage societies and museums preserve and are responsible for over 3 million unique and priceless artifacts, documents and photos reflecting the history of the region; o Jackson County heritage societies and museums operate two research libraries used by students, researchers, writers and the general public. The historic books and records preserved by the heritage societies and museums provide important resources for citizens and scholars, making available to the public materials that are not maintained by the County library system or university libraries; and o The educational activities and programs of the heritage societies and museums enhance the curriculum of public and private schools and institutions of higher learning. • A stable revenue stream will allow museums in Jackson County to increase the hours those facilities are open, giving incentive for visitors to stay longer in the County and increase tourism spending on local goods and services, such as food, lodging and incidentals. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland, Oregon, hereby consents to the inclusion of all the territory of the City within the boundaries of the proposed Rogue Valley Heritage District, and approves the Jackson County Board of Commissioners' proposed order initiating the formation of that District in substantially the form attached hereto.. This resolution was duly PASSED and ADOPTED this day of , 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 2 of 2 i I i i I I' i' I BEFORE THE BOARD OF COMMISSIONERS OF JACKSON COUNTY FOR THE STATE OF OREGON IN THE MATTER OF INITIATING ) FORMATION OF THE ROGUE VALLEY ) ORDER NO. HERITAGE SPECIAL DISTRICT IN JACKSON COUNTY WHEREAS, the Jackson County Board of Commissioners recognizes the value in celebrating and preserving our local heritage and history; and WHEREAS, a citizens group has asked the Jackson County Board of Commissioners to initiate the formation of a heritage special district ir, Jackson County, with a permanent property tax rate limit, to assure the musetuns, historical societies and heritage organizations in Jackson County will have stable funding to continue providing various services, programs and activities that are important to our community; and WHEREAS, stable handing for the museums, historical societies and heritage organizations in Jackson County is important for the following reasons: • A stable revenue stream wilt allow museums, historical societies and heritage organizations in Jackson County to continue providing the following services, p._ iog. tams and activities that are important to our community: o Heritage societies and museums in Jackson County preserve and are responsible for over 3 million unique and priceless artifacts, documents and photos reflecting the history of the region; o Heritage societies and museums in Jackson County operate two research libraries used by students, researchers, writers and the general public. The historic books and records preserved by the heritage societies and museums provide important resources for citizens and scholars, making available to the public materials that are not maintained by the County library system or university libraries; and o The educational activities and programs of the heritage societies and museums ` enhance the curriculum of public and private schools and institutions of higher learning; and A stable revenue stream will allow museums in Jackson County to increase the hours these facilities are open, giving incentive for visitors to stay longer in the County and PROPOSED ORDER INITIATING HERITAGE DISTRICT FORMATION - Page l of 3 j increase tourism spending on local goods and services, such as food, lodging and incidentals; and Now, therefore, The Board of Commissioners of Jackson County (Board) ORDERS: 1. The Board intends to initiate formation of a heritage special district to serve Jackson County pursuant to Oregon Revised Statute (ORS) 198.705 to 198.955 and 358.442 to 358.474, which is the principal act governing the formation of a heritage special district; and 2. The name of the proposed special district is the "Rogue Valley Heritage District" (hereinafter "District"); and 3. The boundaries of the District shall include all territoi within Jackson County, less the territory within any incorporated city that chooses not to be part of the District; [If any city opts out, the following language would be inserted into the final ordcr - "The city or cities choosing not to be included within District territory are: list."]; and 4. As required by ORS 198.835(3), certified copies of City Council Resolutions of each city approving this Initiation Order and formation of the District, and consenting to the inclusion of city territory within the boundaries of the District, are attached; and. 5. The District will have the general powersgranted to heritage districts by ORS 358.442 to 358.474 (the "Principal Act") and the specific powers granted by ORS 358.466 including, without limitation: operating and maintaining heritage sites and structures; acquiring and preserving property of historical, interest, historical objects, and materials and documents of historical importance; and establishing and maintaining programs for heritage societies within the District. The District will provide heritage district services, programs and activities for all District residents as permitted by ORS 198.010(25) and the Principal Act; and 6. The governing body of the District shall be a board of five members to be elected by the- electors of the District as required by ORS 358.448, and the board members shall be elected at large by position number as allowed by ORS 358.456(1)(b); and 7. Jackson County voters will be asked to establish a permanent property tax rate limit of $.05 per $1,,000 for the District's operations as authorized by ORS 358.466(4) and 358.468. The District will have authority to levy and collect general property taxes up to the approved rate limit to fiend its operations. 8. Pursuant to ORS 198.800 and 198.835, a public hearing on the formation of the Rogue Valley Heritage District shall be held at the Board's regular meeting on 2015, [a tentative, flexible date] beginning at 9:30 a.m., in the auditorium of the Jackson County Courthouse, 10 S. Oakdale, Medford, Oregon 97501. All interested persons may appear and be heard. At this hearing, the Board will hear testimony and receive written comment on the proposed formation of this District, including information about the programs, activities and PROPOSED ORDER INITIATING HERITAGE DISTRICT FORMATION - Page 2 of 3 services provided by museums, historical societies and heritage organizations that are located in Jackson County; economic feasibility; and the permanent tax rate limit. At the conclusion of the hearing, the Board shall determine, in accordance with criteria described in ORS 198.805 and 199.462, whether Jackson County could be benefited by the formation of the heritage district and whether the County should continue with the formation process. 9. Notice of the hearing shall be provided to interested persons in accordance with ORS 198.800(2) and 198.730. DATED this day of , 2016. JACKSON COUNTY BOARD OF COMMISSIONERS Rick Dyer, Chair Doug Breidenthal, Commissioner Colleen Roberts, Commissioner APPROVED AS TO FORM: County Counsel PROPOSED ORDER INITIATING HERITAGE DISTRICT FORMATION - Page 3 of 3 Ar"M IN In VUR'] ERITAGE MATTERS OUR HERITAGE PAC 2 North Oakdale, Medford OR 97501 (5A1) 2 0USIFI9Rn7A0QPAC*0MAJL.G0Mt LA TIN T O CREATE TAE ROGUE. VAi_.L-Y HERITAGE D>STRT= May 21, 2016 The Board of County Commissioners last week agreed to consider placing the question of heritage district' formation on the November, 2016 ballot. Should voters approve, the district would operate under Oregon special district law, specifically ORS 358.442 et seq. The district, governed by a five-person board of directors elected county-wide, will support programs of museums and heritage societies on behalf of all district residents and acquire and preserve have authority to operate and maintain heritage sites and structures, historical objects and materials and maintain programs of heritage societies operating within the district. Sponsors are the 15 museums and heritage societies in the county (see list at bottom of the letter). The cities of Eagle Point and Jacksonville, which operate museums in city- owned buildings are associated with the sponsoring organization. Every city within the county will be asked to pass a resolution supporting a county-wide district. Providing financial assistance to our museums can increase the hours they are open, giving incentive for visitors to stay longer within the county. If every visitor stayed one more day, tourist spending would increase by 30 percent - a $133 million-a-year gain as estimated by the 2012 Oregon Travel Impacts research. report. We have a heritage of supporting our museums. County voters approved a continuing levy for history in 1948 and public support continued through 2007. Community museums flourished during those years. With loss of public support, the non-profit organizations stepped-up their fund-raising and increased. use of volunteers. Despite these efforts, many of these organizations are on financial hard times. Southern Oregon Historical Society, with the largest collection of artifacts and documents, is in debt, The Heritage District, authorized by 2007 Oregon law (now OR_S 358.442 to ORS 358. 474), provides a vehicle to create a county-wide special district dedicated to establishing and supporting programs for the heritage societies within the county [ORS 358.466 4. (c)]. Cities within the proposed district must act to join it. The enabling law passed by the 1947 Legislature, ORS 358.171 et seq, remains on the books. The continuing levy, however, was rolled into the tax base for Jackson County government as a result of amendments to the state Constitution passed in 1996 and 1997 (Oregon Constitution, Art 11 Sec 11 (3) (d)). Members of the Jackson County Heritage Association are Applegate Valley Historical Society, Big Butte Historical Society, Eagle Point Museum (part of the city government), Gold Hill Historical Society and Museum, Historic Jacksonville, Inc., Lake Creek Historical Society, McKee Bridge Historical Society, Phoenix Historical Society, Rogue Valley Genealogical Society, Southern Oregon Railway Historical Society, Southern Oregon Historical Society, Talent Historical Society, Upper Rogue Historical Society, Woodville Museum, and Buncom Historical Society. The City of Jacksonville (Beekman House and Bank museums) is associated with the Heritage Association through Historic Jacksonville, Inc. struggling to survive. Giving voters a chance to again consider support of history is the right thing to do. The Jackson County Heritage Association proposes first year distribution of an historical levy to support operating expenses of its members, to finance a grant program for special history-related projects and to establish a restoration/preservation fund. It is assumed that district directors will carry forward the restoration and preservation fund for at least two years to allow investment in a significant project, and that allocation to qualified museums and heritage societies will increase by 3 percent annually after the initial year. The grant program will be used for needs not anticipated when this estimate was prepared. The uncollected tax estimate is based on 94 percent payment in the first year with 1/6th of the unpaid amount realized from delinquent taxes in subsequent years. 2017 Heritage District estimates Rogue Valley Heritage District Three year budget projections Fiscal years 2017-18 2018-19 2019-20 GENERALFUND Materials and Services* 668,800 688,864 709,530 District Grant Fund 146,795 100,000 75,000 Restoration and preservation fund (capital outlay) 50,000 125,000 200,000 Unappropriated ending fund balance 5,000 5,000 5,000 TOTAL REQUIREMENTS $870,595 $918,864 $989,530 Resources other than property taxes 0 64,262 138,546 Property taxes required to balance 870,595 854,602 850,984 Estimated taxes not received 55,570 51,276 51,059 TOTAL TAX LEVY $926,165 $905,878 $902,043 #DISTRIBUTION OF ASSISTANCE Applegate Valley Historical Society $4,400 Big Butte Historical Society $6,000 Buncom Historical Society No support requested Eagle Point Museum $26,000 Gold Hill Historical Society $20,500 Historic Jacksonville, Inc $13,300 Lake Creek Historical Society $11,500 McKee Bridge Historical Society $5,300 Phoenix Historical Society $5,500 Rogue Valley Genealogical Society $38,200 Southern Oregon Railway Historical Society $13,000 Southern Oregon Historical Society $485,000 Talent Historical Society $13,300 Upper Rogue Historical Society $8,000 Woodville Museum $18,800 Total assistance $668,800 T. f~ i d° v f -_a d Lit Q. 5/1 ~ StS W W h FR li J vi T r. s ' ~ ~ W J d= LW w # . c. _ r h ~ _ ycz wGs J v w m v h _ ,m - s, as c e s sn s = T r CC C ~ C~ U Q% a K ~ C ro O :i~ my v+ a,F cu w © r C io iv Q a' rv ~ - ~ <U C ra ~ ~ Y a C) CL a.+ Y h O CJ aJ~ _ d (3.r Ln 6- LI-I aj 2;1 N 'L7 G aJ C C79 s m cu CD oo 01 ~E -2 00 cc ir *a C 4.F ~ ty. 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(Ij cs W w o v v .E v a c a~ n c c O c> rn E `o T c T T ~n O C C Ti 2' O V` T G m v a _ C p y v ° o R c c c O. may, (43 a y.._ O O S C~ ro O C C) CD Yi3%l'W cc ro _ c o m v v a v O a, c, d o E a E c3, c c S v = o o c Ck _ o c c n c i .j ° E c c ro a^ v v o m W a, f =3 Za CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Acceptance of Trail Easements FROM: Jeffrey McFarland, Forestry and Open Space Supervisor, jef£mcfarland@ashland.or.us SUMMARY Final surveying and legal descriptions have been completed in the acquisition/approval/recording process for four new trail easements on two private properties running above and adjacent to City of Ashland forest interface property. These new easement corridors run parallel to, but farther down the hill from the existing Alice in Wonderland Trail. The purpose of acquiring these trail easements is to create alternative parallel trail routes to extend the Alice and Bandersnatch Trails for bicycles, pedestrians and equestrians while increasing overall safety for trail users. BACKGROUND AND POLICY IMPLICATIONS: The Ashland Parks and Recreation Commission, City of Ashland Fire Department, Ashland Woodlands and Trails Association, and the US Forest Service have been collaborating for 12+ years to acquire these trail easements on three private properties along the Alice in Wonderland trail running between the City and Forest Service lands. The acquisition of these four easements is an important step in getting a future alternative trail route for the Alice and Bandersnatch Trails. Currently, the Alice Trail runs through the building envelopes for the three private properties. If anyone decides to build later on their property, the trail could be shut down. The acquisition of these new trail easements is in keeping with the goals of the 2005 City of Ashland Parks and Trails Master Plan Document. COUNCIL GOALS SUPPORTED: None, however, the easements are in compliance with the vision and goals of the Parks, Trails, and Open Space Plan updated in 2002, the Parks and Trails Master Plan adopted in 2005, and the new 2015-2016 APRC strategic plan updating of Trails, Open Space and Land Conservation. These easements work towards fulfilling the goals of increasing trails connectivity in the urban interface area, our community, and preserving an important existing trail connection. 2002 Parks, Trails and Open Space Plan: Goal: "Provide trails and trail connections." (Note: The goal is to secure land, through outright purchase, donation, grants, or easements, on which to develop a trail system that would encircle Ashland and provide connecting links to neighborhoods and additional trails throughout the city for non-motorized use. Efforts to accomplish this goal will be advanced through collaboration with other organizations, such as the Ashland Woodland and Trails Association.) 2005 Parks and Trails Master Plan Goals: Objective A2: "Provide a diversity of trail types" Objective B3: "Provide cross town connectivity and links to trail systems in the surrounding public Page 1 of 2 9WPIFAWN&A CITY OF ASHLAND lands and communities" Objective C2: "Address the concerns of residents and property owners on or near corridors in planning, construction, and trail management" 2015-2016 Ashland Parks and Recreation Commission Strategic Plan Updating of Trails, Open Space and Land Conservation: Leadership Objective: "Continue to expand the trail system in the watershed while addressing the need for user-specific and environmentally/eco-friendly trails." FISCAL IMPLICATIONS: Parks has already paid for preliminary geology work for the easements. Parks, Fire, and AWTA have split the cost of the final surveying/legal descriptions which have recently been completed. No monetary compensation was requested by the private property owners in the acquisition of these trail easements by the City. No further fiscal implications are expected at the present time associated with these trail easements. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval and acceptance of the proposed trail easements. SUGGESTED MOTION: I move approval and acceptance of trail easements to create alternative parallel trail routes to extend the Alice and Bandersnatch Trails for bicycles, pedestrians and equestrians while increasing overall safety for trail users. ATTACHMENTS Proposed easements. Page 2 of 2 EXHIBIT D /AGREEMENT FOR MAINTAINING EASEMENT THIS AGREEMENT is entered into between Thomas Joseph wwwvss an Jani R_ Rollins hereinafter referred to as Grantor, and the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as Grantee. RECITALS A. Grantor owns property as described in Exhibit A (the "Property"), herein attached and incorporated. B. City desires two separate easements across the Property for the purpose of providing a walking and a bicycle trail to the City's public trail system. (the Easement). C. The Parties are aware of the protections from liability provided by ORS 105.682 for recreational use of the Easement for public purposes and wish to interpret this Agreement in a manner that favor such protections for the Grantor. D. City agrees to provide or perform the following acts and transactions outside of the rights provided under the Easement and under the circumstances set forth in this Agreement. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows: 1. Recitals Incorporated. The recitals are hereby incorporated into this Agreement by this reference. 2. Additional Conditions. Additional conditions specifically concerning this Agreement shall be in effect if numbered and listed in the space provided below under "Special Conditions". Each such condition will be initialed by the Grantor and the City representative. 3. Description of Property. Grantor agrees to the Easement as recorded in Jackson County Records # 4. Term. The term of this Agreement shall continue for so long as the stated purpose of the Easement continues to exist or until the Easement is terminated by mutual written agreement, whichever occurs first. 5. Costs. The cost of maintaining the Easement in repair shall be borne by the City, pursuant to the terms of this Agreement. This Agreement shall be recorded in the real property records of Jackson County. 5.1. Each party is responsible for damage to the Easement to the extent of its own negligence or abnormal use, and each shall repair any such damage at its sole expense. 6. Construction. City shall have the right to construct improvements such as trail surfacing, landscape features or plantings in conformance with all approved plans and permits. City shall have the right to erect, maintain, and alter such improvements upon the Easement provided such improvements conform to the applicable requirements of all federal, state, and local laws. All Page 1 of 3 -Public-Private Easement Maintenance Agreement plans for such structures or improvements shall be reviewed and approved in writing by the Grantor prior to construction. 7. Rights Reserved to the City. The City reserves the following rights: 7.1. Temporary closures. The right to temporarily close or to restrict the use of the Easement or any of the facilities for maintenance, improvement, or for the safety of the public. Grantor is not entitled to any compensation or damages for such temporary closures. 8. Special Conditions. 8.1.City will: 8.1.1. Maintain at least two right-of-way trails, fifteen (15) foot wide, (Referenced hereafter as "Corridor A" and "Corridor B", together referred to as "Easement Corridors") as described and illustrated in Exhibits B and C of the Easement; 8.1.1.1. Maintain Corridor A as a foot path and equestrian trail; 8.1.1.2. Maintain Corridor B as a bicycle path; 8.1.2. Remove the existing right-of-way trail and its points of entry on to the Property and restore the area to a natural condition in a manner that redirects trail use to the two Easement Corridors described in the Easement. 8.1.3. Provide all materials needed to construct and maintain the Easement Corridors, to assess tree and vegetation health and necessary maintenance, and provide natural trail traffic control methods and/or devices; 8.1.4. Maintain and keep the Easement Corridors and immediate adjoining areas clean from litter or solid waste, noxious weeds and plants and hazardous trees associated with or affecting uses of the Easement Corridors. 8.2. Grantor will: 8.2.1. Have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantor shall not build or erect any structure upon the Easement Corridors without the prior written consent of City. 8.2.1.1. City agrees to work with Grantor with steps needed to achieve a workable and effective operation and trail management plan, including, but not limited to needed signage, fencing and, vegetation and tree landscaping design and maintenance on and adjacent to trails and adjoining riparian zone area, if any; 8.2.2. Will fully cooperate with City in its enforcement of protection of the right-of-way area on Grantor's property, including but not limited to prompt reporting of known damage or dangerous conditions affecting the Easement, or destructive and/or criminal behavior by persons using the Easement. 9. Indemnification; Waiver of Subrogation. The City's scope of indemnity is contained within the area described in the Easement. To the extent permitted by the Tort Claims Act, the City will defend, indemnify and save Grantor, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, from negligent acts arising out of or incident to this Easement or the activities that take place on the Easement. City will not be held responsible for damages caused by negligence of Grantor. 10. No Agency. The City and Grantor are entering into this Agreement voluntarily in the spirit of Page 2 of 3 -Public-Private Easement Maintenance Agreement cooperation and coordination to facilitate City's desire to provide public access to its trail system. However, nothing in this Agreement makes the City responsible for the contracts or commitments of Grantor regarding construction or development by Grantor as relates to these Easements. 11. Non-appropriations. All City obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the City as part of the local budget process. Nothing in this Agreement implies an obligation on the City to appropriate any such monies. 12. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 13. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 14. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: GRANTORS: KZ City of Ashland Thomas Joseph and Jani R. Rollins Attn: City Administrator 1631 Peachey Rd. 20 E. Main Street Ashland, OR 97520 Ashland, OR 97520 INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. R(S): A41 l ! Date ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this Public-Private Easement Agreement as set forth above. CITY: Mayor/Mayor's Designee, City of Ashland Date Page 3 of 3 -Public-Private Easement Maintenance Agreement Return Document to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 EASEMENT FOR PUBLIC TRAIL PURPOSES Recitals: ~s A. Thomas Joseph R'c and Jani R. Rollins, tenants by the entirety, herein referred to as "Grantors", are the owner of certain real property located in a manner that provides a natural connection to the public trail system within and immediately around the City of Ashland ("City"). B. The City and the Ashland Parks and Recreation Commission ("Commission") are working to acquire, preserve and improve the City's public trail system, and they have determined that two trails over the Grantor's property would provide necessary links in this system. C. The City has negotiated an agreement with Grantor to allow use and maintenance of the property and its surroundings for the public trail system as set forth in this easement and related maintenance agreement. Grantor and City agree.- 1 . Grantor owns property as described in Exhibit A (the "Property"), herein attached and incorporated. 2. Grant of easement. The above-named Grantor grants to the City of Ashland, Oregon, two perpetual non-exclusive right-of-way recreational easement in gross, at the City's own cost, to construct, use, operate, repair, maintain and remove and replace a trail for recreational use by the public across the real property described below and further referred to in this easement agreement as the "easement area." The location of the right-of-way easements are more particularly described in Exhibit B (Referenced hereafter as "Corridor A and Corridor B'), the mapping of which is illustrated in Exhibit C, both attached and incorporated respectively herein. 2. True and Actual Consideration: $Zero: Value is the removal of an existing and undesirable right-of-way path across Grantor's property. 3. Use of surface. Grantor shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantor shall not build or erect any structure upon the easement area without the prior written consent of City. The Parties accept the Agreement For Maintaining Easement (Exhibit D), herein incorporated, as the operable management plan for maintaining the trail and adjacent areas affecting the conditions of enjoyment and safety for persons using the trail. 4. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 5. Indemnification, To the extent permitted by the Oregon Constitution, the City's charter, and within the limits of the Oregon Tort Claims Act, the City shall defend and indemnify Grantor against any liability for damage to life or property arising from the public's use of the easement under this agreement. The City shall not be required to indemnify Grantor for any such liability arising out of the wrongful acts of the Grantor or 1- TRAIL EASEMENT the employees or agents of the Grantor. 6. _Mpi er. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. NTOR: _ OFFICIAL SEAL DIANE M. SENNETT Date NOTARY PUBLIC -OREGON COMMISSION NO, 452266 MY COMMISSION EXPIRES OCT,CBF~ 0$, 2014 NTOR: D to State of Oregon ) County of Jackson ) II ~t1 ,O I L~ ph.@,e~lf s. This instrument was acknowledged before me on this i day of VAAkfor0regon by Thomas Jose No My CoQ C til , ~C~ 1. State of Oregon ) ) County of Jackson ) This instrument was act nowledged before me on this day of 2013, by Jani R. Rollins. Notary Public for Oregon My Commission expires: GRANTEE: City of Ashland Authorized signer for Grantee Date State of Oregon ) County of Jackson } This instrument was acknowledged before me on this day of Jury, 2013, by Mayor John Stromberg. Notary Public for Oregon My Commission expires: 2- TRAIL EASEMENT 15' WIDE PEDESTRIAN TRAIL EASEMENT MAP 39-1E-16 TAX LOT 900 A portion of the lands described in the deed recorded in Document Number 99-48609, Official Records, Jackson County, Oregon, being a 15 foot wide strip of land lying 7.5 feet on each side of the following described centerline: Beginning at a point on the westerly line of the lands described in the deed recorded in Document Number 99-48609, Official Records, Jackson County, Oregon, said point being distant thereon North 00°07'37" West, 185.15 feet from the southwest corner of said lands; thence leaving said westerly line South 47'26'46 "East', 3.85 feet; thence South 20°56'59" East, 64.86 feet; thence South 26°15'37" West, 49.64 feet; thence South 02°06'55" West, 33.96 feet; thence South 08°38'13" West, 26.97 feet; thence South 21°23'08" West, 15.00 feet to the point of termination. Excepting that portion thereof lying west of the westerly line of said lands. The side lines of said 15 foot wide strip to be extended or shortened to meet at angle points and to terminate at the west line of said lands. REGISTERED PROFESSIONAL LAN SURVEYOR OREGON JULY 19.19" RICHARD F. ALSPACH No. 2653 Expires EXHIBIT 15' WIDE PEDESTRIAN TRAIL EASEMENT MAP 39-1E-16 TAX LOT 900 N i DATE: 5-12-2016 i. SCALE: 1"-60' I I ROLLINS POINT OF BEGINNING s DOC. NO. 99-48609 co I 3 Ct DESCRIBED 15' WIDE EASEMENT !7 P z , "FZ REGISTERED i h PROFESSIONAL LAN URVEYOR ;,?N I ~ CO CIREGON JULY 19, 1994 RICHARD F. ALSPACH _ S 89'57'46" E No. 2653 ~o o Renewal 12-31-2017 PREPARED BY: TE RRASURVE Y, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET BASIS OF BEARINGS ASHLAND, OREGON 97520 FOUND MONUMENTS PER PLED SURVEY NO. 10586 (541) 482-6474 terrain Cbisp. net 15' WIDE BICYCLE TRAIL EASEMENT MAP 39-1 E-16 TAX LOT 900 A portion of the lands described in the deed recorded in Document Number 99-48609, Official Records, Jackson County, Oregon, being a 15 foot wide strip of land lying 7.5 feet on each side of the following described centerline: Beginning at a point on the southerly line of the lands described in the deed recorded in Document Number 99-48609, Official Records, Jackson County, Oregon, said point being distant thereon South 89°57'46" East, 85.02 feet from the southwest corner of said lands; thence leaving said southerly line North 00°52'25" East, 111.91 feet to the beginning of a curve concave to the southwest having a radius of 230.00 feet; thence northwesterly 106.12 feet along said curve through a central angle of 26'26'13"; thence North 25°33'48" West, 76.25 feet to the beginning of a curve concave to the southwest having a radius of 110.00 feet; thence northwesterly 51.44 feet along said curve through a central angle of 26°47'38" to the point of termination on the westerly line of said lands and to which point a radial line bears North 37°38'34" East. The side lines of said 15 foot wide strip to be extended or shortened to meet at angle points and to terminate at the south and west lines of said lands. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 19. 1994 RICHARD F. ALSPACH No. 2653 Expires t 1~ EXHIBIT 15' WIDE BICYCLE TRAIL EASEMENT MAP 39-1E-16 TAX LOT 900 \ R=110.00 A=26 47'38" N ~7 L=51.44 ROLUNS DATE. 5-12-2016 DOC. NO. 99-48609 SCALE: 1 60' ' DESCRIBED 15' WIDE EASEMENT ~ R=230.00 p A=267613 L=106.12 ' REGISTERED PROFESSIONAL LAN SURVEYOR N~ OREGON JULY 19, 1994 RICHARD F. ALSPACH I o°) No. 2653 z~ POINT OF BEGINNING Renewal 12-31-2017 5893746 E - 85.02' ? i L f F_ PREPARED BY= 'TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET BASIS OF BEARINGS ASHLAND, OREGON 97520 FOUND MONUMENTS PER FLED SURVEY NO. 10586 (541) 482-6474 terrain@bisp.net Return Document to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 EASEMENT FOR PUBLIC TRAIL PURPOSES Recitals: A. Martine Ernst Wollenweber, Richard H. Ernst Jr. and Andre V. H. Ernst, as tenants in common, herein referred to as "Grantors", are the owner of certain real property located in a manner that provides a natural connection to the public trail system within and immediately around the City of Ashland ("City"). B. The City and the Ashland Parks and Recreation Commission ("Commission") are working to acquire, preserve and improve the City's public trail system, and they have determined that two trails over the Grantor's property would provide necessary links in this system. C. The City has negotiated an agreement with Grantor to allow use and maintenance of the property and its surroundings for the public trail system as set forth in this easement and related maintenance agreement. Grantor and City agree: 1. Grantor owns property as described in Exhibit A (the "Property"), herein attached and incorporated. 2. Grant of easement. The above-named Grantor grants to the City of Ashland, Oregon, two perpetual non-exclusive right-of-way recreational easement in gross, at the City's own cost, to construct, use, operate, repair, maintain and remove and replace a trail for recreational use by the public across the real property described below and further referred to in this easement agreement as the "easement area." The location of the right-of-way easements are more particularly described in Exhibit B (Referenced hereafter as "Corridor A and Corridor B"), the mapping of which is illustrated in Exhibit C, both attached and incorporated respectively herein. 2. True and Actual Consideration: $Zero: Value is the removal of an existing and undesirable right-of-way path across Grantor's property. 3. Use of surface. Grantor shall have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantor shall not build or erect any structure upon the easement area without the prior written consent of City. The Parties accept the Agreement For Maintaining Easement (Exhibit D), herein incorporated, as the operable management plan for maintaining the trail and adjacent areas affecting the conditions of enjoyment and safety for persons using the trail. 1- TRAIL EASEMENT 4. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 5. Indemnification. To the extent permitted by the Oregon Constitution, the City's charter, and within the limits of the Oregon Tort Claims Act, the City shall defend and indemnify Grantor against any liability for damage to life or property arising from the public's use of the easement under this agreement. The City shall not be required to indemnify Grantor for any such liability arising out of the wrongful acts of the Grantor or the employees or agents of the Grantor. 6. Merger. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either parry unless in writing and signed by both parties. GRANTOR: Date GRANTOR: Date GRA D e State of Colorado ) ) County of Arapahoe ) This instrument was acknowledged before me on this day of , 2013, by Martine Emst Wollenweber, Notary Public for Colorado My Commission expires: State of California } County of Sonoma ) This instrument was acknowledged before me on this day of , 2013, by Richard H. Ernst Jr. Notary Public for Califomia My Commission expires: 2- TRAIL EASEMENT State of California ) County of Alameda } S This instrument was acknowledged before me on this day of a-, 2013, by Andre V. H. Ernst. JOHN D. CHURCH ID - dw"K Commission # 1984482 z - Notary Public California z otary Public for California z z Alamsda County r My Commission expires: I My Comm. Expires Aug 4. 2016 GRANTEE: City of Ashland Authorized signer for Grantee Date State of Oregon ) } County of Jackson ) This instrument was acknowledged before me on this day of , 2013, by Mayor John Stromberg. Notary Public for Oregon My Commission expires: 3- TRAIL EASEMENT not inconsistent with the uses and purposes of the property, provided that Grantor shall not build or erect any structure upon the easement area without the prior written consent of City. The Parties accept the Agreement For Maintaining Easement (Exhibit D), herein incorporated, as the operable management plan for maintaining the trail and adjacent areas affecting the conditions of enjoyment and safety for persons using the trail. 4. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of record. 5. Indemnification. To the extent permitted by the Oregon Constitution, the City's charter, and within the limits of the Oregon Tort Claims Act, the City shall defend and indemnify Grantor against any liability for damage to life or property arising from the public's use of the easement under this agreement. The City shall not be required to indemnify Grantor for any such liability arising out of the wrongful acts of the Grantor or the employees or agents of the Grantor. 6. Merger. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. GRANTOR: ! F Date GRANTOR: Date GRANTOR: Date State of Colorado ) County of Arapahoe ) This instrument was acknowledged before me on this day of , 2013, by Martine Ernst Wollenweber, Notary Public for Colorado My Commission expires: State of California ) 2- TRAIL EASEMENT County of Sonoma ) i ladgAdhafnr me on this day of 2013, by Richard H. Ernst Jr. CYNTHIA GRIM Commission # 1889425 a -~s t Notary Public - California z z Y Sonoma County D My Comm. Expires May 15, 2014 Notary Public for California _ My Commission expires: jv\ I'v-/ \ 2 0 State of California ) County of Alemeda ) This instrument was acknowledged before me on this day of , 2013, by Andre V. H. Ernst. Notary Public for California My Commission expires: GRANTEE: City of Ashland Authorized signer for Grantee Date State of Oregon ) } County of Jackson ) This instrument was acknowledged before me on this day of July, 2013, by Mayor John Stromberg. Notary Public for Oregon My Commission expires: 3- TRAIL EASEMENT 6. Merger. This easement agreement constitutes the entire agreement between the parties regarding the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. No waiver, consent, modification or change of terms of this easement shall bind either party unless in writing and signed by both parties. G 7`Ic ~13 Date GRANTOR-. Date GRANTOR: Date State of Colorado ) County of Arapahoe ) This instr J day of , 2013, by Martine Ernst Wollenwe r, NORRIA S ASLAM{ Notary Public State of Colorado Notary Publi or Colorado My Commission expires: State of California ) County of Sonoma ) This instrument was acknowledged before me on this day of , 2013, by Richard H. Ernst Jr. Notary Public for California My Commission expires: State of California ) } County of Alemeda } This instrument was acknowledged before me on this day of , 2013, by Andre V. H. Ernst. Notary Public for California My Commission expires: GRANTEE: City of Ashland EXHIBIT D AGREEMENT FOR MAINTAINING EASEMENT THIS AGREEMENT is entered into between Martine Ernst Wollenweber, Richard H. Ernst Jr., and Andre V. H. Ernst, hereinafter referred to as Grantor, and the CITY OF ASHLAND, OREGON, by and through the City Council, hereinafter referred to as Grantee. RECITALS A. Grantor owns property as described in Exhibit A (the "Property"), herein attached and incorporated. B. City desires two separate easements across the Property for the purpose of providing a walking and a bicycle trail to the City's public trail system. (the Easement). C. The Parties are aware of the protections from liability provided by ORS 105.682 for recreational use of the Easement for public purposes and wish to interpret this Agreement in a manner that favor such protections for the Grantor. D. City agrees to provide or perform the following acts and transactions outside of the rights provided under the Easement and under the circumstances set forth in this Agreement. In consideration of the matters described above, and of the mutual benefits and obligations set forth in this Agreement, the parties agree as follows: 1. Recitals Incorporated. The recitals are hereby incorporated into this Agreement by this reference. 2. Additional Conditions. Additional conditions specifically concerning this Agreement shall be in effect if numbered and listed in the space provided below under "Special Conditions". Each such condition will be initialed by the Grantor and the City representative. 3. Description of Property. Grantor agrees to the Easement as recorded in Jackson County Records # Map: 391 E160000700 Ashland Loop Rd. 4. Term. The term of this Agreement shall continue for so long as the stated purpose of the Easement continues to exist or until the Easement is terminated by mutual written agreement, whichever occurs first. 5. Costs. The cost of maintaining the Easement in repair shall be borne by the City, pursuant to the terms of this Agreement. This Agreement shall be recorded in the real property records of Jackson County. 5.1. Each party is responsible for damage to the Easement to the extent of its own negligence or abnormal use, and each shall repair any such damage at its sole expense. 6. Construction. City shall have the right to construct improvements such as trail surfacing, landscape features or plantings in conformance with all approved plans and permits. City shall have the right to erect, maintain, and alter such improvements upon the Easement provided such improvements conform to the applicable requirements of all federal, state, and local laws. All Page 1 of 3 -Public-Private Easement Maintenance Agreement plans for such structures or improvements shall be reviewed and approved in writing by the Grantor prior to construction. 7. Rights Reserved to the City. The City reserves the following rights: 7.1. Temporary closures. The right to temporarily close or to restrict the use of the Easement or any of the facilities for maintenance, improvement, or for the safety of the public. Grantor is not entitled to any compensation or damages for such temporary closures. 8. Special Conditions. 8.1. City will: 8.1.1. Maintain at least two right-of-way trails, fifteen (15) foot wide, (Referenced hereafter as "Corridor A" and "Corridor B", together referred to as "Easement Corridors") as described and illustrated in Exhibits B and C of the Easement; 8.1.1.1. Maintain Corridor A as a foot path and equestrian trail; 8.1.1.2. Maintain Corridor B as a bicycle path; 8.1.2. Remove the existing right-of-way trail and its points of entry on to the Property and restore the area to a natural condition in a manner that redirects trail use to the two Easement Corridors described in the Easement. 8.1.3. Provide all materials needed to construct and maintain the Easement Corridors, to assess tree and vegetation health and necessary maintenance, and provide natural trail traffic control methods and/or devices; 8.1.4. Maintain and keep the Easement Corridors and immediate adjoining areas clean from litter or solid waste, noxious weeds and plants and hazardous trees associated with or affecting uses of the Easement Corridors. 8.2. Grantor will: 8.2.1. Have the right to use the easement area for all purposes not inconsistent with the uses and purposes of the property, provided that Grantor shall not build or erect any structure upon the Easement Corridors without the prior written consent of City. 8.2.1.1. City agrees to work with Grantor with steps needed to achieve a workable and effective operation and trail management plan, including, but not limited to needed signage, fencing and, vegetation and tree landscaping design and maintenance on and adjacent to trails and adjoining riparian zone area, if any; 8.2.2. Will fully cooperate with City in its enforcement of protection of the right-of-way area on Grantor's property, including but not limited to prompt reporting of known damage or dangerous conditions affecting the Easement, or destructive and/or criminal behavior by persons using the Easement. 9. Indemnification; Waiver of Subrogation. The City's scope of indemnity is contained within the area described in the Easement. To the extent permitted by the Tort Claims Act, the City will defend, indemnify and save Grantor, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death,) or damage (including loss or destruction) to property, from negligent acts arising out of or incident to this Easement or the activities that take place on the Easement. City will not be held responsible for damages caused by negligence of Grantor. Page 2 of 3 --Public-Private Easement Maintenance Agreement 10. No Agency. The City and Grantor are entering into this Agreement voluntarily in the spirit of cooperation and coordination to facilitate City's desire to provide public access to its trail system. However, nothing in this Agreement makes the City responsible for the contracts or commitments of Grantor regarding construction or development by Grantor as relates to these Easements. 11. Non-appropriations. All City obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the City as part of the local budget process. Nothing in this Agreement implies an obligation on the City to appropriate any such monies. 12. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 13. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 14. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: GRANTORS: City of Ashland Wollenweber, Martine Ernst Et Al C/O Attn: City Administrator Ernst Holdings LLC 20 E. Main Street 21087 Cabot Blvd. Suite 6 Ashland, OR 97520 Hayward CA, 94545-1147 INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. GRAN S : -7 13,1 Date ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this Public-Private Easement Agreement as set forth above. CITY: Mayor/Mayor's Designee, City of Ashland Date Page 3 of 3 -Public-Private Easement Maintenance Agreement cooperation and coordination to facilitate City's desire to provide public access to its trail system. However, nothing in this Agreement makes the City responsible for the contracts or commitments of Grantor regarding construction or development by Grantor as relates to these Easements. 11. Non-appropriations. All City obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the City as part of the local budget process. Nothing in this Agreement implies an obligation on the City to appropriate any such monies. 12. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. 13. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. 14. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: GRANTORS: City of Ashland Wollenweber, Martine Ernst Et Al CIO Attn: City Administrator Ernst Holdings LLC 20 E. Main Street 21087 Cabot Blvd. Suite 6 Ashland, OR 97520 Hayward CA, 94545-1147 INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. GRANTOR(S): 3 Date ORDER Pursuant to ORS 271.360 the governing body hereby approves and authorizes the terms of this Public-Private Easement Agreement as set forth above. CITY: Mayor/Mayor's Designee, City of Ashland Date Page 3 of 3 -Public-Private Easement Maintenance Agreement Non-appropriations. All City obligations pursuant to this Agreement which require the expenditure of funds are contingent upon future appropriations by the City as part of the local budget process. Nothing in this Agreement implies an obligation on the City to appropriate any such monies. Nonwaiver. Waiver by either party of strict performance of any provision of this lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future or of any other provision. Consent of City. Whenever consent, approval or direction by the City is required, all such consent, approval or direction shall be received in writing from the City Administrator. Notices. All notices required under this lease shall be deemed to be properly served if sent by certified or registered mail to the last address previously furnished by the parties. Until changed by the parties by notice in writing, notices shall be sent to: CITY: GRANTQRS: City of Ashland Wollenweber, Martine Ernst Et Ai C/O Attn: City Administrator Ernst Holdings LLC 20 E. Main Street 21087 Cabot Blvd. Suite 6 Ashland, OR 97520 Hayward CA, 94545-1147 INTENDING TO BE BOUND, the parties have executed this Agreement as of the date written below. NTOR(S): Date ORDER Pursuant to ORS 271.360 the goveming body hereby approves and authorizes the terms of this Public-Private Easement Agreement as set forth above. CITY.- Mayor/Mayor's Designee, City of Ashland Date Page 3 of 3 -Public-Private Easement Maintenance Agreement 15' WIDE PEDESTRIAN TRAIL EASEMENT MAP 3 9-1 E-16 TAX LOT 700 A portion of the lands described in the deed recorded in Document Number 80-19248, Official Records, Jackson County, Oregon, being a 15 foot wide strip of land lying 7.5 feet on each side of the following described centerline: Beginning at a point on the westerly line of the lands described in the deed recorded in Document Number 80-19248, Official Records, Jackson County, Oregon, said point being distant thereon South 00°07'37" East, 155.56 feet from the northwest corner of said lands; thence leaving said westerly line South 32°46'49" East, 63.91 feet; thence South 18°27'34" East, 79.41 feet; thence South 33°14'24" East, 25.81 feet to the beginning of a curve concave to the northwest having a radius of 65.00 feet; thence southwesterly 96.07 feet along said curve through a central angle of 84°40'47" to the point of a reverse curve concave to the southeast having a radius of 80.00 feet; thence southwesterly 94.81 feet along said curve through a central angle of 67°54'02"; thence South 16°27'38" East, 95.09 feet; thence South 30°42'25" East, 89.24 feet; thence South 13°33'51" East, 20.63 feet to the point of termination on the southerly line of said lands. The side lines of said 15 foot wide strip to be extended or shortened to meet at angle points and to terminate at the north and south lines of said lands. REGISTERED [PROFESSIONAL LAND SURVEYOR OREGON JULY 19. 1994 RICHARD F. ALSPACH No. 2653 Expires EXHIBIT 15' WIDE PEDESTRIAN TRAIL EASEMENT MAP 39-1E-16 TAX LOT 700 N 895746` W i N (OF uiI U) DATE. 5--12-2016 " I SCALE: 1'=100" ERNST DOC. NO. 80-19248 a POI N T OF BEGINNING • 4 t,~ o'.Ot DESCRIBED 15' IMDE EASEMENT ~ ))~A=84140'470 { L=96.07 { REGISTERED f PROFESSIONAL R=80.00 LAN SURVEYOR i A=6754'020 L=94.81 I OREGON { JMY 19, 1994 1 RICHARD F. AL SPACH \ No. 2653 co ti = Cif Renewal 12-31-2017 { s k-Aaw~ \ W a~w p c~ N 89 57'46" W I r s t PREPARED BY: TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 2 74 FOURTH S TREE T BASIS OF BEARINGS ASHLAND, OREGON 97520 (541) 482-6474 FOUND MONUMENTS PER FILED SURVEY NO. 10586 541) n alb i 6 4 7 terrai.net ~ r 15' WIDE BICYCLE TRAIL EASEMENT MAP 39-1 E-16 TAX LOT 700 A portion of the lands described in the deed recorded in Document Number 80-19248, Official Records, Jackson County, Oregon, being a 15 foot wide strip of land lying 7.5 feet on each side of the following described centerline: Beginning at a point on the northerly line of the lands described in the deed recorded in Document Number 80-19248, Official Records, Jackson County, Oregon, said point being distant thereon South 89°57'46" East, 85.02 feet from the northwest corner of said lands; thence leaving said northerly line South 00°52'25" West, 60.05 feet to the beginning of a curve concave to the northeast having a radius of 240.00 feet; thence southeasterly 59.28 feet along said curve through a central angle of 14°09'10"; thence South 13°16'46" East, 72.19 feet; thence South 17°54'47" East, 115.85 feet to the beginning of a curve concave to the west having a radius of 115.00 feet; thence southwesterly 101.98 feet along said curve through a central angle of 50°48'30"; thence South 32°53'42" West, 31.89 feet to the beginning of a curve concave to the east having a radius of 90.00 feet; thence southerly 71.69 feet along said curve through a central angle of 45°38'13"; thence South 12°44'30" East, 52.71 feet; thence South 23°12'12" East, 132.48 feet to the point of termination on the southerly line of said lands. The side lines of said 15 foot wide strip to be extended or shortened to meet at angle points and to terminate at the north and south lines of said lands. REGISTERED PROFESSIONAL LA SURV OR J - I OREGON JULY 19.199M RICHARD F. AISPACH No. 2653 Expires ' EXHIBIT 15' WIDE BICYCLE TRAIL EASEMENT MAP 39--1E-16 TAX LOT 700 POINT OF BEGINNING ' N _ 85.02 S 89'57'46" E R aJ F3 r N CJ R=240.00 DA TE: 5-12-2016 o SCALE: 1*-100' v°? A=14 09'10" L=59.28 w N O~ ' s t 1 i ' tl1 ERNST DOC. NO. 80-19248 i . w R=115.00 A= 50 48'30" ' a L=101.98 q- DESCRIBED 15' 41DE EASEMENT REGISTERED to PROFESSIONAL LAN SURV YDR ,yry ly R=90.00 OREGON JIM,.Y 19, 1994 ' L=71.69 RICHARD F. ALSPACH N No. 2653 N Renewal 12-31-2017 N v w O z N 8957'47" W PREPARED BY, TERRASURVEY, INC. PROFESSIONAL LAND SURVEYORS 274 FOURTH STREET BASIS OF BEARINGS ASHLAND, OREGON 97520 (541) 482-6474 FOUND MONUMENTS PER FlLED SURVEY NO. 10586 terrain@bisp.net CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting A Resolution authorizing a 2.5 MGD Water Treatment Plant Infrastructure Financing Authority Loan FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering fleurys@ashland.or.us SUMMARY This is a resolution to authorize a loan with the Infrastructure Financing Authority (IFA) for engineering and construction of a new 2.5 million gallon a day (MGD) water treatment plant. The terms of the loan include $14,811,865 in principal, $1,030,000 in loan forgiveness and an interest rate of 1.79% for thirty years. If approved Public Works will move forward with solicitation of engineering services for development of construction documents for the new water treatment plant and Crowson II reservoir. BACKGROUND AND POLICY IMPLICATIONS: April 17, 2012 the Council adopted the Comprehensive Water Master Plan developed by Carollo Engineers. As part of this plan that was vetted and recommended by the Ashland Water Advisory Committee (AWAC) included design and construction of two significant capital improvement projects. These two projects are a new 2.5 MGD water treatment plant to meet future peak capacity deficiencies and improve system resiliency along with construction of a new 2.6 MG storage tank, commonly referred to as Crowson 11. The funding strategy developed in the master plan outlined rate increases to generate an ability to fund operations and debt service payments for anticipated capital projects and lifecycle replacement projects. The City submitted a loan application to the IFA for $14,811,865 in order to fund design and construction of the new water treatment plant. The IFA board and subsequently the Drinking Water Advisory Committee approved the application. This is the single largest funding amount ever approved by IFA. In addition to the borrowing resolution, staff is presenting an Intergovernmental Agreement (IGA) between the City and Rogue Valley Council of Governments (RVCOG). The IGA details the project management services RVCOG will perform in relation to labor standard and compliance review for the construction phases of the project. This is critical to ensure compliance of all requirements for IFA funding are met throughout the project. The City has successfully used RVCOG to ensure compliance is/will be met on its current projects funded by the IFA. Projects completed since adoption of the 2012 Comprehensive Water Master Plan: 1. East and West Fork Sediment Removal (7,000 yards)-another round of removal planned for summer of 2016 2. Emergency TAP pipeline and temporary pump station. Permanent pump station to be complete Page I of 2 CITY OF ASHLAND by July of 2016 3. Park Estates pump station and Loop Rd. reservoir improvements 4. Terrace St. pump station safety improvements 5. Dam Security and Telemetry Improvements 6. Dam Structural Stability Analysis 7. Left Abutment Erosivity Study 8. Dam Safety Inspection 9. High Capacity Well Testing 10. Chlorine Disinfection Analysis and Improvements 11. Water Treatment Plant Security Upgrades 12. Telemetry Station at Water Warehouse 13. Engineering of Ivy/Morton waterline upgrade 14. Engineering of pipeline life cycle replacements 15. Water Cost of Service Study COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The resolution authorizing the loan for $14,880,865 only accounts for engineering and construction of the water treatment plant. Public Works staff has been working closely on funding for the Crowson II storage tank. Funding options for this portion of the whole project include using the special public works fund or general obligation bonds. Interest rates for these funding mechanisms are around 3.5%. Timing of a funding request for Crowson 11 is critical, as a three year construction window is developed for these two funding sources with the requirement that 85% of the proceeds be spent within that window to avoid penalties. The IGA with RVCOG for $40,000 is directly reimbursable as a project cost associated with the IFA loan. The IGA will ensure compliance for labor standard and "buy American" documentation as part of the construction project. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approving the resolution authorizing the additional borrowing from the IFA and approving the IGA with RVCOG. SUGGESTED MOTION: Move to approve a resolution titled "A resolution authorizing a loan from the safe drinking water revolving loan fund by entering into a financing contract with the Oregon infrastructure financing authority". and Move to approve an Intergovernmental Agreement with the Rogue Valley Council of Governments for professional labor and compliance standard reviews. ATTACHMENTS: 1. IFA Borrowing Resolution 2. RVCOG IGA Page 2 of 2 ILAII RESOLUTION NO. 2016- A RESOLUTION AUTHORIZING A LOAN FROM THE SAFE DRINKING WATER REVOLVING LOAN FUND BY ENTERING INTO A FINANCING CONTRACT WITH THE OREGON INFRASTRUCTURE FINANCE AUTHORITY RECITALS: A. The Recipient is a community water system as defined in Oregon Administrative Rule 123-0490010. B. The Safe Drinking Water Act Amendments of 1996, Pub.L. 104-182, as amended (the "Act'), authorize any community or nonprofit non-community water system to file an application with the Oregon Infrastructure Finance Authority ("the IFA") to obtain financial assistance from the Safe Drinking Water Revolving Loan Fund. C. The Recipient has filed an application with the IFA to obtain financial assistance for a "safe drinking water project" within the meaning of the Act, and the IFA has approved the Recipient's application for financial assistance from the Safe Drinking Water Revolving Loan Fund. D. The Recipient is required, as a prerequisite to the receipt of financial assistance from the IFA, to enter into a Financing Contract with the IFA, substantially in the form attached hereto as Exhibit A. E. Notice relating to the Recipient's consideration of the adoption of this Resolution was published in full accordance with the Recipient's charter and laws for public notification. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Financing Loan Authorized. The Governing Body authorizes the City Administrator to execute the Financing Contract and the Promissory Note (the "Financing Documents") and such other documents as may be required to obtain financial assistance including a loan from the IFA on the condition that the principal amount of the loan from the IFA to the Recipient is not more than $14,811,865 (with $1,030,000 eligible for principal forgiveness if contract conditions are met) and the interest rate is not more than 1.79% if contract conditions are met (and 1.98% if not met). The proceeds of the loan from the IFA shall be applied solely to the "Costs of the Project" as such term is defined in the Financing Contract. SECTION 2. Security. Amounts payable by the Recipient shall be payable from the sources described in Section 4 of the Financing Contract and the Oregon Revised Statutes Section 285A.213 (5) which include: (a) Revenue from any water system project of the Recipient, including special assessment Resolution No. 2016- Page 1 of 2 revenue; (b) Amounts withheld under subsection 285A.213 (6); (c) The general fund of the Recipient; (d) Any combination of sources listed in paragraphs (a) to (c) of this subsection; or (e) Any other source. SECTION 3. Additional Documents. The City Administrator is hereby authorized to enter into any agreements and to execute any documents or certificates which may be required to obtain financial assistance from the IFA for the Project pursuant to the Financing Documents. SECTION 4. Tax-Exempt Status. The Recipient covenants not to take any action or omit to take any action if the taking or omission would cause interest paid by the Recipient pursuant to the Financing Documents not to qualify for the exclusion from gross income provided by Section 103(a) of the Internal Revenue Code of 1986, as amended. The City Administrator of the Recipient may enter into covenants on behalf of the Recipient to protect the tax-exempt status of the interest paid by the Recipient pursuant to the Financing Documents and may execute any Tax Certificate, Internal Revenue Service forms or other documents as shall be required by the IFA or their bond counsel to protect tax-exempt status of such interest. This resolution was duly PASSED and ADOPTED this day of , 2015, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Resolution No. 2016- Page 2 of 2 INTERGOVERNMENTAL AGREEMENT between CITY OF ASHLAND and ROGUE VALLEY COUNCIL OF GOVERNMENTS THIS AGREEMENT is entered into by and between ASHLAND, a political subdivision of the State of Oregon (hereinafter "CITY"), and ROGUE VALLEY COUNCIL OF GOVERNMENTS, a voluntary Intergovernmental association, (hereinafter "RVCOG"). WHEREAS CITY is the recipient of a Sale Drinking Water Revolving Loan Fund for their New 2.5 MG Water Treatment Plant, Project No. S 16021. WHEREAS, RVCOG is a voluntary association of local governments serving Jackson and Josephine Counties, Oregon; and WHEREAS, CITY is a member agency of the RVCOG; and WHEREAS, RVCOG is qualified, experienced, and able to provide professional labor standards and compliance services; and WHEREAS, the purpose of this agreement is to make provisions for RVCOG to perform project management services for the CITY and to provide for cost reimbursement. NOW, THEREFORE, in consideration of the mutual promises, terns, and conditions set forth herein, the parties agree as follows: I. SOURCE OF FUNDS: Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through the Oregon Business Development Department and a partnership of Local and/or Private Funds. 2. TIME OF PERFORMANCE This Agreement shall continence upon the signing of the Agreement by all parties below, and shall continue until such time as CITY receives notification from the State of Oregon that the Project has been completed and closed out. 3. CONTRACT OVERSIGHT Scott Fluery, Engineering Service Manager, shall oversee and approve services and payment for services, 4. DUTIES AND RESPONSIBILITIES OF CITY Pursuant to the terms, conditions and requirements of the Save Drinking Water Revolving Loan Fund No. S 14005 122-06, the CITY shall be responsible for performing the following: 4.1 Serve as recipient's official point of contact with the Infrastructure Finance Authority. 4.2 Oversee compliance with program requirements, Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021 4.3 CITY shall administratively assist RVCOG in accomplishing the tasks identified tinder Duties and Responsibilities of RVCOG; maintaining regular communication with RVCOG; helping to resolve differences that may arise between the PARTIES; and providing background information and technical support as necessary to accomplish any task assigned. 5. DUTIES AND RESPONSIBILITIES OF RVCOG: RVCOG shall be responsible for performing the following: 5.1 Serve as central contact for local, state, and federal people involved in the project. 5.2 Attend and report on pre-construction conference. 5.3 Ensure recipient meets all conditions of the IFA contract. 5.4 Monitor project progress against contract scope of work and budget and report progress to CITY and the state. 5.5 Review contracts to ensure compliance with federal requirements. 5.6 Ensure state review of all project-related contracts. 5.7 Prepare contract amendments or requests to state for contract amendments, when needed. 5.8 Ensure that all Contractor/Subcontractor Agreements are in place. a. Ensure that all contractors are registered with the Oregon Construction Contractors Board (CCB). b. Verify general (prime) contractor eligibility. Get verification fronn prime contractor that all subcontractors are eligible. c. Submit documentation to IFA. 5.9 Ensure that City and prime contractor implement the good faith efforts for solicitation and contracting. a. Submit documentation to IFA. 5.10 Assist the CITY in ensuring that Buy American standards are met. 5.11 Ensuring Federal Labor Standards compliance a. Check and review weekly payrolls for compliance; provide evidence that payrolls were checked against applicable wage rates. b. If applicable, submit "Request for Wage Determination and Response to Request" c. Submits payrolls for review to IFA. d. Conduct Employee Interviews. 5.12 Assist CITY with IFA Disbursement Requests. a. Submit to IFA. 5.13 Assist CITY with closeout documents. 5.14 Assist CITY with additional related tasks upon request. 6. AMENDMENTS AND TERMINATION 6.1 This document constitutes the entire agreement between the PARTIES and no other agreement exists between there, either stated or implied, Any amendments or changes to the provisions of this agreement shall be reduced to writing and signed by both PARTIES. 6.2 Either party may cancel this agreement at any time with or without cause by giving thirty (30) days notice in writing and delivered in person. or by certified mail to the other panty. Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021 6.3 if any contemplated funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for full performance herein, this Agreement may be modified or terminated to accommodate such reduction in fiends. 6.4 Such termination shall be without prejudice to any claims, obligations, or liabilities either party may have incurred prior to such termination. 7. PAYMENTS 7.1 RVCOCT will invoice CITY on a j:nonthly basis. CITY shall reimburse RVCOG within 30 days of receipt of invoice. 7.2 CITY will reimburse RVCOG for expenditures incurred on a monthly basis as requested after receipt of dated and signed requests 7.3 CITY v ill reimburse RVCOG for, professional hourly Project Management services performed for CITY by RVCOG employee. Total amount of reimbursement is not to exceed $40,000.00. Included in this amount are supplies and materials, travel cost and related expenses. 8. INDEMNIFICATION 8.1 Subject to the limitations and coi:iditions of the Oregon Tort Claims Act, ORS 30.260- 300, the Oregon Constitution, Article XI, Section 7 and the terms of any applicable policies of insurance, the parties agree to save, hold harmless and indemnify each other, including their officers, agents and employees, from any loss, damage, injury, claim, or demand by a third party against either party to this agreement arising from the activities of the other party in connection with this Agreement. Neither pally shall be liable for any loss, damage, injury, claim nor demand against each other arising from their respective activities in connection with this agreement, except as otherwise expressly set forth herein. 8.2 RVCOG shall comply with all applicable laws, ordinances and codes of the federal, state and local governments in its performance under this Agreement. 8.3 RVCOG, its subcontractors, if any, and all employees providing work, labor or materials under this agreement are subject employees under the Oregon Workers= Compensation law and shall comply with ORS 656.017 which requires them to provide Workers- Compensation coverage for all their employees. If RVCOG performs the work without assistance of any employees, it need not obtain such coverage. 9. 1NDEPENDEN`1' CONTRACTOR RVCOG is an independent contractor under this Agreement, and neither RVCOG, its subcontractors, nor its employees, are employees of CITY. RVCOG is responsible for all federal, state and local taxes and fees applicable to payments for services of its employees under this agreement. 10. ASSIGNMENT AND SUBCONTRACTS RVCOG shall not assign this contract or subcontract any portion of the work without the CI rY's prior written consent which shall not be unreasonably withheld. Any attempted assign meat or subcontract without CITY= s written consent shall be void. RVCOG shall be fully responsible for the acts or omissions or any of the assigns or subcontractors and of all persons Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S16021 employed by them. The approval by CITY of any assignment or subcontract shall not create any contractual relation between the assignee or subcontractor and CITY. 1 I. LIMITATIONS This agreement in no way restricts RVCOG or CITY from participating in similar agreements with other public or private agencies, organizations, or individuals with regard to any aspect of this agreement, so long as the same do not unreasonably interfere with RVCOG's or CITY's performance herein. 12. CONFIDENTIALITY - NON-DISCLOSURE Subject to the Oregon Public Records Law, ORS 192.410-192.505, no report, information, or other data given to or prepared or assembled by the RVCOG pursuant to this Agreement wlvch the CITY has requested be kel)t confidential, shall be made aw ailable to any individual or organization by RVCOG without the prior written approval of CITY. 13. REQUIRED ACKNOWLEDGEMENTS 13.1 Conflict of Interest of Members, Officers, or Employees of the Loan Recipient, Members of Local Governing Body, or other Public Officials: No member, officer, or employee of the CITY recipient of Safe Drinking Water Revolving Load, Project No. S 14005 122-06, or its designees or agents, no member of the governing body of the locality in which the project is situated, and no public official of such locality or localities who exercises any functions or responsibilities with respect to the project direct or indirect, in during his or her tenure or for one year thereafter, shall have any interest, and contract of subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under Oregon Safe Drinking Water Revolving Loan. 13.2 Prohibition on the Use of Federal Funds for Lobbying: "Certification Regarding Lobbying" signed by RVCOG is attached as Exhibit 1, and incorporated herein by this reference. 14. REPORTS AND RECORDS All work produced by RVCOG while v,rorking for the CITY shall be the exclusive property of the CITY provided that RVCOG may obtain a copy of any public record information by paying for the reproduction costs thereof. 15. SAFE DRINKING WATER REVOLVING LOAN FUND REQUIRMENTS 15.1 Whistleblowers - "Contractor receiving SDWRLF firnds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174.29 CFR § 1614.703 (d)." 15.2 Non Discrimination - "The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021 requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." 15.3 Termination for Cause and for Convenience & Breach of Contract RVCOG shall address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement. In addition, RVCOG shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 15.4 Intellectual Property "Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors to perform this project, or developed under contract with the Contractor specifically to enable Contractor's obligations related to this project." 15.5 Inspections; Information RVCOG shall permit, and cause its subcontractors to all City of Ashland, the State of Oregon, the federal government and any party designated by them to: (1) Examine, visit and inspect, at any and all reasonable times, the property, if any constituting the Project. (2) Inspect and make copies of any account, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other tatters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested. (3) Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project. RVCOG shall retain all records related to the Project for three years after final payments are made and any pending matters are closed. 15.6 Environmental and Natural Resource Laws "Contractor shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 15.7 Procurement of Recovered Materials "Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, including procurement of recovered materials in a manner designated in guidelines of the Environuental Protection Agency (EPA) at 40 CFR part 247." ~Hu r~ IN WITNESS WHEREOF, RVCOG AND CITY have caused this agreement to be W executed by their authorized representatives as of the date of the last signature affixed below: PARTIES TO THE AGREEMENT Michael Cavallaro Date Dave Kanner Date Executive Director, RVCOG City Administrator Intergovernmental Agreement for New 2.5 MG Water Treatment Plant, No. 516021 Exhibit I CERTIFICATION REGARDING LOBBYING (Contracts in excess of $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a. Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any fluids other than Federal appropriated funds have been paid or will be paid to ally Pei-son for influencing or attempting to influence ail officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section t 3 52, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed _ Title Date Intergoveriunental Agreement for New 2.5 MG Water Treatment Plant, No. S 16021 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting TGM Grant Application Approval for a Transportation System Plan Update FROM: Scott A. Fleury, Engineering Services Manager, Public Works/Engineering, fleurys@ashland.or.us SUMMARY This is a request to apply for a Traffic Growth and Management (TGM) grant to the Oregon Department of Transportation (ODOT) for a Transportation System Update (TSP). The last TSP was adopted in October 2012 and in order to stay on a five year update schedule, staff would like to start the update in 2017. In addition, staff is requesting a letter of support from the Council as a requirement of the application package. If Council approves, staff will refine and submit the grant application package. BACKGROUND AND POLICY IMPLICATIONS: Oregon's TGM program supports community efforts to expand transportation choices for people. Linking land use and transportation planning, TGM works in partnership with local governments to create vibrant, livable places in which people can walk, bike, take transit or drive where they want to go. TGM is a partnership between the ODOT and the Oregon Department of Land Conservation and Development. The program receives support from the State of Oregon and the Federal Highway Administration of the U.S. Department of Transportation. The TGM grant is broken into two categories. Category one includes transportation system planning and category two includes integrated land use and transportation planning. The TSP update falls into category one. Staff's intent is to apply for the TGM grant in order to move forward with the update. The proposed project must clearly demonstrate that local officials understand the purpose of the grant application and support the outcomes of the project. A letter of support from the Council is required to be submitted with the application in order to meet this requirement. Staff has also discussed this study with the Transportation Commission (TC) and it has provided a letter of support and recommend the City Council also provide the required letter of support. In addition, staff is working to obtain letters of support from the Chamber of Commerce, Southern Oregon University and Ashland School District to include in the application package. The total estimated study cost is $300,000, with a $150,000 request for the TGM grant application and a City match of $150,000 (50%) from currently budgeted funds. The grant requires a minimum of a 12% match that can be in the form of cash, staff time or volunteer time. Staff presented TGM options before the Transportation Commission at the May 26, 2016 meeting. The TC supported a $300,000 Page 1 of 3 ~r CITY OF ASHLAND application for the TSP update that includes the Siskiyou Blvd. Safety Study and a critical look/refinement for the transit system within Ashland. The TC has spent numerous meetings recently discussing transit, and based on citizen input has chosen to move forward with analyzing an internal circulator transit route. Staff previously applied for a TGM grant to fund the Siskiyou Blvd. Safety Study, but the application was unsuccessful. Staff believes the current application for the TSP update, while leveraging existing funds to pay for the safety study and transit refinement will perform better. Both of these projects are currently defined as high priority in the current TSP. The current TGM schedule: June 10, 2016 Applications due June-August 2016 Applications scored and ranked August 2016 Project Award Announcements December 2016-January 2017 Consultant Selection April-May 2017 Contracts signed and projects start Projects completed or in process since the adoption of the last TSP include: • Orange Ave. Bicycle Boulevard • Walker Ave. Sidewalk (safe route to school) • Hersey St. Sidewalk infill • Downtown Multimodal and Parking Study • Faith Ave. sharrows • N. Main Road Diet • Hersey/Wimer realignment • A St. sharrows • Street User Fee Study • Nevada Bridge connection project • Grandview Shared Roadway • Washington St. Extension • Normal Ave. Extension COUNCIL GOALS: 21.3 Re-examine and review master plans and SDCs on regular basis. FISCAL ALTERNATIVES: Staff budgeted $150,000 for fiscal year 2017 to perform the Transportation Master Plan update. If the grant is approved to fund the update, staff would like to leverage the budgeted funds to perform the Siskiyou Blvd. safety study along with a refined look into the transit system as recommended by the Transportation Commission. If the grant application is unsuccessful then the budgeted $150,000 will be used to perform the TSP update only. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council allow Engineering to apply for grant funding as referenced above and provide a Council letter of support as required. Page 2 of'3 1WA rJM11 CITY OF ASHLAND SUGGESTED MOTION: I move that staff apply for a TGM grant to support a TSP Update. I move to approve the Mayor sign a Council letter of support for the TGM grant to support a TSP Update. ATTACHMENTS: 1. Transportation Commission staff memo 2. Council letter of support (draft) 3. Transportation Commission letter of support Page 3 of'3 ILVI CITY OF Memo ASHLAND Date: June 1, 2016 From: Scott A. Fleury To: Transportation Commission RE: Traffic and Growth Management Grant-TSP update BACKGROUND: 2016 Traffic Growth and Management Grants (TGM) are due by June 10, 2016. Public Works staff would like to apply for a TGM grant to fund a TSP update, along with critical in depth analysis into some of the studies listed in the fiscally constrained plan. The current TSP was approved by Council in October of 2012. Staff recommends updating significant master plans on a five year schedule. Staff has budgeted $150k in system development monies to cover the cost of an update, but would like to apply for a TGM grant to leverage existing funds and fund a larger project to perform additional work associated with studies in the TSP that could use refinement. Studies listed in the fiscally constrained plan S 10-Siskiyou Blvd. Pedestrian Crossing Evaluation and Feasibility Study-previously applied for grant (unsuccessful). S1-Funding Sources Feasibility Study S3-N. Main Street Access Management and Spacing Study S5-Siskiyou Blvd. Access Management and Spacing Study S6-Ashland St. Access Management and Spacing Study S9 Ashland St. Safety Study Program #5 (05) Transit Service Program The Transit Service Program provides funds and guidance on how to allocate funds to improve transit service (and increase transit ridership) in Ashland in collaboration with RVTD. Improving transit service to, from, and within the City of Ashland is an important element to help the City move toward its goals of creating a green template (Gal 1), supporting economic prosperity (Goal 3), and creating system wide balance (Goal 4). The current TGM schedule: June 10, 2016 Applications due June-August 2016 Applications scored and ranked August 2016 Project Award Announcements December 2016-January 2017 Consultant Selection April-May 2017 Contracts signed and projects start Staff previously applied for a TGM grant to perform the Siskiyou Blvd. Pedestrian Crossing and Feasibility Study, but the application was unsuccessful. Based on previous meetings and input, staff would like to proceed forward with including refinement components of the pedestrian C:1UserslshipletdlAppDatalLocal\MicrosoftlWindows\Temporary Internet Files\Content.Outlookl2TDMPMB7106 0716 Transportation Commission Staff Memo TGM GrantAttch1.doc study (S 10) and based on Commission discussion work on refinement of the transit chapter in the TSP to assist in support of the circulator discussion and 05. Staff believes a TGM grant request of $150,000 with a 50% match is will make the application more competitive and is appropriate to perform and update with refinement into the Siskiyou Blvd. study and transit section of the TSP. Staff would like the Commission to make a recommendation on applying for the grant that can be brought before the Council. Council is required to approve any grant application packages. Staff would also like the Commission to provide a letter of support for the submission package. CONCLUSION: Commission is asked to make a recommendation to Council for approving the grant application process and provide a letter of support signed by the Chair for the grant package. If Commission makes a recommendation it will be presented before Council at the June 7, 2016 business meeting where staff will also ask for approval from Council to apply for the grant and their support as well. C:IUserslshipletdlAppDatalLocal\Microsoft\Windows\Temporary Internet Files\Content.Outlookl2TDMPMB7106 0716 Transportation Commission Staff Memo TGM Grant Attch 1.doc CITY OF ^AS H LA N D June 7, 2016 The Ashland City Council would like to express our support for the Traffic Growth Management (TGM) grant application which staff is proposing to submit to the Oregon Department of Transportation (ODOT) for funding a Transportation System Plan Update. This update would also include performing a Pedestrian Crossing Evaluation and Feasibility Study for Siskiyou Boulevard as well as refining transit options within the city. Council specifically supports the update and studies proposed in the application. The Siskiyou Blvd. Study was identified in Ashland's 2012 Transportation System Plan (TSP) update process as a high priority project to improve safety within the Siskiyou Blvd. corridor. Southern Oregon University students cross four lanes of Siskiyou Boulevard to go between dorms, athletic facilities and class rooms. Between January of 1998 and January of 2014, there were a total of 202 accidents reported in this section of roadway. Two of the accidents resulted in fatalities; one involving a pedestrian, a skateboarder in another. The Council also recognizes the importance of a robust transit system creating numerous benefits for the community and appreciates the Transportation Commission's willingness to become heavily involved in the refinement of the transit system within Ashland. Sincerely, John Stromberg Mayor Administration Tel: 541/488-6002 All 20 E. Main Street Fax: 541-/488-5311 IL Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.or.us CITY OF ASHLAND June 7, 2016 Dear City Council, The Ashland City Council would like to express our support for the Traffic Growth Management (TGM) grant application which staff is proposing to submit to the Oregon Department of Transportation (ODOT) for funding a Transportation System Plan Update. This update would also include performing a Pedestrian Crossing Evaluation and Feasibility Study for Siskiyou Boulevard as well as refining transit options within the city. Our commission specifically supports the update and studies proposed in the application. The Study was identified in Ashland's 2012 Transportation System Plan (TSP) update process as a high priority project to improve safety within the Siskiyou Blvd. corridor. Southern Oregon University students cross four lanes of Siskiyou Boulevard to go between dorms, athletic facilities and class rooms. Between January of 1998 and January of 2014, there were a total of 202 accidents reported in this section of roadway. Two of the accidents resulted in fatalities; one involving a pedestrian, a skateboarder in another. The Transportation Commission has also spent numerous meetings recently discussing transit and based on Commission consensus and citizen input more work is required to improve transit within our transportation network. We look forward to being involved in the TSP update process. Sincerely, Joseph Graf Transportation Commission Chair Engineering Tel: 541/488-5347 . 20 E. Main Street Fax: 541-/488-6006 Ira Ashland, Oregon 97520 TTY: 800/735-2900 www.ashland.or.us G;pub-wrks\eng\dept-admin\ENGINEERING CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Declaration and Authorization to Dispose of Surplus Property in a Sealed Bid .Auction FROM: Lee Tuneberg, Finance Director, lee.tunebergLnashlard.or.us SUMMARY City staff intends to facilitate a sealed bid auction in accordance with AMC 2.54 to dispose of City property that has been declared surplus property. BACKGROUND AND POLICY IMPLICATIONS: Near the end of each fiscal year, City staff conducts a sealed bid auction in accordance with AMC 2.54 to dispose of City property that has been declared surplus property. The public sale allows the general public, including local citizens of Ashland, to participate in the sealed bid auction process. Thus far, there has been a lot of interest, numerous sealed bids received, and a successful turn-out at each of the previous sealed bid auctions. Therefore, staff recommends that we conduct another sealed bid auction to dispose of the property being declared surplus property. Please refer to AMC Chapter 2.54 for more information regarding the disposal of surplus property FISCAL IMPLICATIONS: Disposing of this property will avoid any future storage, handling and labor costs. The City fund (730) and Parks fund (411) will receive the revenue generated by the sealed bid auction under the category of "sale of assets" (480.310). STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that the vehicles and equipment on the attached list, and miscellaneous low dollar items no longer of value to the City and held in storage for the sealed bid auction, be declared surplus property and City staff be given authority to conduct a sealed bid auction in accordance with AMC 2.54 to dispose of the surplus property. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to declare the property surplus, allow City staff to include any additional low dollar items offered up by departments and/or located in storage areas prior to advertising for the sealed bid auction, and gives City staff authority to conduct a sealed bid auction. ATTACHMENTS: The list of vehicles and equipment (major items), including various miscellaneous items, intended to be declared and sold as surplus property, is as follows: Page l of 7 L411 CITY OF ASHLAND SEALED BID AUCTION - JUNE 2016 Lot # Dept Description uanti 14T Street 1978 Utility Trailer (wood with sides) 1 93 Street 1989 Blaw-Knox Paver VIN #15003-15 1,295 Hours 1 442 Electric 2002 Ford F-450 Cab & Chassis VIN #I FDXF47F42EC96883 1 63,580 Miles 454 Conservation 2003 Ford Ranger VIN #1 FTYR14V03PA24282 54,133 Miles 1 476 Electric 2000 Ford E-350 Bucket Van VIN 41FTSE34L4YHB18050 1 93,008 Miles 488 Conservation 2004 Ford Taurus VIN #IFAFP58U94A147403 32,520 Miles l 647 Parks 2003 Stihl BR-420 Backpack Blower - Serial 4256020266 l 664 Parks 2007 Toro Groundsmaster 580-1) VIN #30582-270000142 3,725 1 Hours 698 Parks 2001 Ford Ranger VIN # 1 FTYRI ODX2PA30683 60,737 Miles 1 704 Parks 2005 Ford F-150 VIN #I FTRF 12245NB44803 65,673 Miles 1 750 Electric Toro Lawnmower Serial #230002065 1 760 Parks 2005 Ford Ranger VIN #I FTYRI OD35PA81690 45,839 Miles 1 797 Parks Stihl FS-85 Weedeater Serial 4249863234 1 800 Parks Stihl BR-420C Backpack Blower Serial #264261847 1 819 Parks 2011 Ford Ranger VIN #I FTKR4EE1 BPA28409 90,000 Miles 1 1 Conservation Landscape Books Various 2 Conservation Toilet Tank Fill Valve 1 3 Conservation Toilet Tank Fill Valve and Flapper 1 4 Conservation Toilet Tank Lever 1 5 Conservation Flush Lever and Handle 1 6 Conservation City of Ashland Conservation Shirt l 7 Conservation Bike Pump I 8 Conservation Ball Joint Adaptors 30+/- 9 Conservation Tupperware 20 10 Conservation Showerheads ? 11 Engineering Calculators 2 12 Engineering Bookends 2 13 Engineering Chicken Costume I 14 Engineering Gumball Machine I 15 Engineering Coffee Carafes 2 Page 2 of 7 !L411 CITY OF ASHLAND 16 Engineering Glass Vases ? 17 Engineering Popcorn Machine 1 18 Engineering Serving Trays 3 19 Facilities Bookcase 1 20 Facilities Bookcase 1 21 Facilities Bookcase 1 22 Facilities Space Heater 1 23 Facilities Space Heater 1 24 Facilities Space Heater 1 25 Facilities Electric Motor 1 26 Facilities Electric Motor 1 27 Facilities Storage Cabinet (Tan) 1 28 Facilities Storage Cabinet (Black) I 29 Facilities Piano Dolly I 30 Facilities Ice Making Machine I 31 Facilities Typewriter 1 32 Facilities Lockers 3 33 Facilities Sheet Metal Band Saw 1 34 Facilities Full-Size Door with Glass 1 35 Facilities Full-Size Door with Glass 1 36 Facilities Commercial Size Doors - solid wood 5 37 Facilities Hedge Trimmer (Battery Powered) 1 38 Facilities Blower (Battery Powered) 1 39 Facilities Tool Belt I 40 Facilities Electronic Cabinet 1 41 Facilities Electronic Cabinet I 42 Facilities Electronic Cabinet 1 43 Facilities Bookshelf - 2' 1 44 Facilities Caulking Guns 3 45 Facilities Overalls I 46 Facilities Mini-Fridge I 47 Facilities Folding Chairs 2 48 Facilities Office Chair 1 49 Facilities Fans 3 50 Facilities Chair I Page 3 of 7 1ALL' CITY OF ASHLAND 51 Facilities "Antique" Chair 1 52 Facilities Air Conditioning Unit 1 53 Facilities Computer Desk 1 54 Facilities Keyboard Trays 4 55 Facilities Automatic Accessible Door Opener Parts Misc 56 Facilities Drawer & Cabinet Shelf Unit 1 57 Facilities Notebook Containers 1 box 58 Facilities Tables with Legs (18"x6') 3 59 Facilities Miscellaneous Carpet Squares 1 1 cases 60 Facilities Soundproof Foam (2'x4'x2" cork) 2 cases 61 Facilities Exhaust Fan 1 62 Facilities Bench Support 1 63 Facilities Ceiling Mount Heater 1 64 Facilities Linoleum I roll 65 Facilities Lenses and Housing 1 66 Facilities T8 4-Lamp Fixtures 3 67 Facilities Electronic Case I 68 Facilities Gifts from Sister City Guanajuato 2 boxes 69 Facilities Chair Frames 2 70 Facilities Locker Parts 1 box 71 Facilities Plexiglass Pieces Various 72 Facilities Floor Tiles 2 cases 73 Facilities Bookshelf - 6' white 1 74 Facilities Utility Mailbox 1 75 Facilities Air Compressor 1 76 Facilities Cubicle and Desk Parts from Police Department 1 77 Facilities Trash Can Container 1 78 Fire X-Frame Gurney with Mount 1 79 Fire Short Board 1 80 Fire HP6110 Printer/Fax 1 81 Fire Dell Keyboard 1 82 Fire Dell Keyboard 1 83 Fire MDT Mount 1 84 Fire MDT Mount 1 85 Fire MDT Mount 1 Page 4 of 7 ~r CITY OF ASHLAND 86 Fire Canon LaserJet 2050 Printer 1 87 Fire Office Chair 1 88 Fire Office Chair 1 89 Fire Office Chair 1 90 Fire Office Chair 1 91 Fire Conex 1 92 Fire Suction Hose 6-inch 2 93 Fire Suction Hose 3-inch 8 94 Fire H Frame Gurney 2 95 Fire TV Tube 2 96 Fire Overhead Projector 1 97 Fire Folding Ladder (10 foot) I 98 Fire SCBA Harness 9 99 Fire SCBA Bottle 47 100 Fire Helmet 1 101 Fire Goggles 20 102 Fire Power Cord Reel 1 103 Fire Backpack Water Vac 1 104 Fire Draft Float (6 inch) 1 105 Fire Collapse Ladder 1 106 Fire Generator Hoinelite 1 107 Fire Deck Gun Base 2 108 Fire Light Bar 1 109 IT 12x10x18 Aluminum Boxes 10 110 IT 16x6x18 Grat Metal Boxes 9 111 IT Boxes of CatTV filters 13 112 IT Hardline Cable Corner Blocks 1 set 113 IT Hardline Cable Blocks 1 set 114 IT Panasonic Video Pan/Tilt Camera 1 115 IT Panasonic Video Pan/Tilt Camera 1 116 IT Panasonic Video Pan/Tilt Camera 1 117 IT Panasonic Video Pan/Tilt Camera 1 118 IT 16-Channel Mixing Board 1 119 IT Panasonic Video Monitor WV-5200BU 1 120 IT Panasonic Video Monitor WV-5200BU 1 Page 5 of 7 RI. Fr CITY OF ASHLAND 121 IT Panasonic Video Monitor WV-5200BU 1 122 IT Panasonic Multi-Port Hub HB-505 1 123 IT Panasonic Color Video Monitor 1 124 IT Panasonic Color Video Monitor 1 125 IT Panasonic Color Video Monitor 1 126 IT Compix Media Computer 1 127 IT Panasonic AG-1970 Video Cassette Recorder 1 128 IT RX-31 m Graphics Equalizer 1 129 IT ELO Touchsystem Monitor 1 130 IT Dell S300w Projector I 131 IT Dell S300w Projector 1 132 IT Videonics Video Title Maker 3000 1 133 IT Panasonic DMR-ES20 DVD Recorder 1 134 IT Pioneer SX-303R Stereo Receiver 1 135 IT Panasonic AG MX70 Digital AV Mixer 1 136 IT Panasonic TR-990c Video Monitor 1 137 Parks 48" Metal File Cabinet 1 138 Parks Drafting Table (adjustable top) 1 139 Parks Computer Desk 1 140 Parks Computer Desk 1 141 Parks Stand-Up Computer Desk 1 142 Parks Metal File (72"H x 48"W) 1 143 Parks Wood Door with Metal Jam (36") 1 144 Parks Wood Door (42") 1 145 Parks Wissota Ice Skate Sharpener 1 146 Parks Ice Skate Sharpener (Brand Name) I 147 Parks 3HP Electric Submersible Pump 1 148 Parks IHP Electric Submersible Pump 1 149 Parks I HP Electric Submersible Pump I 150 Parks 1.5 Electric Portable Pool Vacuum 1 151 Parks Midland Radio I 152 Parks Bookcases - 36" 2 153 Parks Bookcase - 72" 1 154 Parks File Cabinet - 4' 3 155 Parks Oak Desk with Desk Top Shelf (3 L-Shaped) 2 Page 6 of 7 ~r CITY OF ASHLAND 156 Parks Cherrywood Desk set with File Cabinet 1 157 Parks Metal Bookcase - 41" 1 158 Parks Metal Cabinet - 8' 1 159 Parks OffiiceJet Printer 6310 All-in-One 1 160 Parks Bookcase - Wood 3' 1 161 Parks Office System Modular Desk - 8' 1 162 Parks Wood Shelf - 6'x3' 1 163 Parks Oak Desk 1 164 Parks Glass Desktop 1 165 Parks File Cabinet - Small Black 1 166 Parks Black Metal Case - Small 28" 1 167 Parks Bulletin Board 1 168 Parks Office Chair 1 169 Parks Chair Mat 1 170 Parks Garbage Disposal 1 171 Street Garbage Cans 11 172 Street Large Dry Eraser Board 1 173 Wastewater 2100 Gallon Plastic Vertical Water Tank 1 174 Wastewater 1" Hose 150' 175 Wastewater Metal Cabinet on Rollers 1 176 Wastewater .5 HP Baldor Pump 1 177 Wastewater Blower 1 178 Wastewater Atlas-Copco Compressors with 7.5 HP motors 2 179 Wastewater 100 HP Allen-Bradley Variable Frequency Drive 2 180 Wastewater 30 HP Allen-Bradley Variable Frequency Drive 1 181 Wastewater Metro Tech Locator 1 182 Wastewater Shelving 183 Wastewater Wood 184 Wastewater Brackets 185 Wastewater Miscellaneous Electrical Breakers 1 box 186 Water 1998 SCM 2000 XRW Streaming Current Monitor w/Duratrac 1 Remote Sensor 187 Water 1991 Magnatek Model TA-2101 1/6 HP 100 PSI Max Air 1 Compressor 188 Water 55 Gallon Poly Barrels 26 Page 7 of 7 ~r CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Intergovernmental Agreement with Jackson County for Forest Patrol FROM: Chris Chambers, Forest Division Chief, Fire Department, Chris. chambers Aashland.or.us SUMMARY This is an intergovernmental agreement with Jackson County to have the Sheriff s Office provide patrol services during the summer in the Ashland watershed and other forestland around Ashland. The agreement calls for the Sheriff s Office to provide patrol services for a minimum of 16 hours a week during the summer on a variety of forest roads and at trailheads, at a not-to-exceed cost of $13,000. BACKGROUND AND POLICY IMPLICATIONS: The Jackson County Sheriff s Office has been providing patrol services in Ashland's watershed for more than a decade through a "collection agreement" with the U.S. Forest Service. That agreement is no longer available, necessitating the switch to a direct agreement between the City and Jackson County to achieve the same goal and level of staffing during the summer fire season. The patrol program is designed to discourage activities that could start fires and cause resource damage or pollution in and around the City's watershed. A complete list of forest roads and trailheads patrolled is included in exhibit A of the IGA (attached). COUNCIL GOALS SUPPORTED: 8. Protect the integrity and safety of the watershed. FISCAL IMPLICATIONS: The new agreement between the City and County calls for the City to reimburse the County for actual cost, not to exceed $13,000. This is consistent with the amounts paid for patrols in prior years. The money for this IGA has been budgeted and is available. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council authorize the intergovernmental agreement with Jackson County for summer watershed patrol to begin on July 1, 2016. SUGGESTED MOTION: I move approval of an Intergovernmental Agreement between Jackson County and the City of Ashland relating to law enforcement services within the Ashland Interface and Ashland Watershed. ATTACHMENTS IGA w/ attachment Page 1 of ILAII INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF ASHLAND RELATING TO LAW ENFORECMENT SERVICES WITHIN THE ASHLAND INTERFACE AND ASHLAND WATERSHED PARTIES THIS AGREEMENT (herein referred to as "Agreement") is entered into by and between JACKSON COUNTY, a political subdivision of the State of Oregon (herein referred to as "COUNTY"), on behalf of the Jackson County Sheriff's Office (herein referred to as "JCSO") and the CITY OF ASHLAND, a municipal corporation of the State of Oregon (herein referred to as "'CITY") and is applicable to all properties located within the geographic area that constitutes the Ashland Watershed. County and City are herein individually referred to as the "Party" and collectively referred to as the "Parties." STATUTORY AUTHORITY 1. In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENTAL COOPERATION," the COUNTY is authorized to jointly provide for the performance of a function or activity in cooperation with a "unit of local government" that includes CITY or other governmental authority in Oregon. By acceptance of this Agreement, the CITY certifies that it meets the above criteria for eligibility for such cooperation with the COUNTY. 2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local government, consolidated department, intergovernmental entity or administrative officers designated herein to perform specified functions or activities is vested with all powers, rights and duties relating to those functions and activities that are vested by law in each separate party to the Agreement, its officers and agencies. RECITALS WHEREAS, CITY desires to contract with the COUNTY for the provision of law enforcement services within the geographic area that constitutes the Ashland Interface and Ashland Watershed; and WHEREAS, the COUNTY, through JCSO, has the resources to provide law enforcement services to the CITY; and WHEREAS, the parties are authorized to enter into such agreements pursuant to chapter 190 of the Oregon Revised Statutes; and WHEREAS, JCSO and CITY have established service goals and principles of cooperation that preserve the value of the COUNTY providing independent, responsive and professional law enforcement services and agree to the following: The parties to this agreement recognize that public use of the Ashland Interface and Ashland Watershed lands is usually located in areas that are remote or sparsely populated. The parties also recognize that the enforcement of State and local law is related to the administration and regulation of the Ashland Interface and Ashland Watershed, and that COUNTY has/have a limited amount of financing to meet their responsibility of enforcing these laws. JCSO will provide at a reasonable and predictable cost, efficient, high-quality, appropriate law enforcement services supported by technology to meet the law enforcement policing goals of CITY that allows the COUNTY to recover the cost of providing such services. 2016-2017 Ashland IGA AGREEMENT INCORPORATION OF RECITALS The recitals set forth above are true and correct and are incorporated herein by this reference. NOW, THEREFORE, in consideration of the terms and conditions contained herein, it is mutually agreed by and between the COUNTY and CITY as follows: 1. Law enforcement services. The COUNTY will make available to the CITY, through JCSO, the law enforcement services listed in Exhibit A, which is incorporated herein by reference. Services consist of law enforcement patrols and other related services provided by personnel assigned primarily for the benefit of the geographic areas within the boundaries of the Ashland Interface and Ashland Watershed. 2. City Law enforcement Services. 2.1. City Law Enforcement Services. Beginning July 1, 2016 through September 30, 2017, the COUNTY agrees to provide to the CITY the level, degree and type of "law enforcement services" set forth in Exhibit A. 2.2. Payment. In consideration of the law enforcement services to be provided by the COUNTY to the CITY, the CITY agrees to make payment the COUNTY upon receipt of an invoice. 3. Compensation. 3.l The COUNTY will charge for services outlined in Exhibit A. 3.1.1. Service costs shall include, but not be limited to, salary, benefits and special pays, if any, for personnel providing the service, overtime, supplies, services, telephone, motor pool, systems services, insurance, equipment and associated administrative costs. 3.1.2. Service costs shall not include the cost of services for JCSO's activities required by state law or supported by an independent dedicated revenue source, and services excluded from cost allocation at the discretion of the COUNTY. For the purpose of this agreement, such services and their associated administrative costs shall be considered non-chargeable. 3.2. Unit Costs. The Unit Costs for each service listed on Exhibit A are based on costs associated with Seasonal and Full-Time Equivalent (FTE) personnel performing services to CITY under this Agreement. 3.3. Billing. The CITY shall be billed monthly. Payments shall be due within 30 days after invoicing by the COUNTY. In the event the CITY fails to make a monthly payment within 30 days of billing, the COUNTY may charge an interest rate of one-half percent (.5%) per month. 2016-2017 Ashland IGA 4. Decisions and Policy-Making Authorities. The COUNTY will provide the services identified in Exhibit A in accordance with the following: 4.1. Operational Decisions and Policy-Making Authorities. The respective authorities of the CITY and the COUNTY to make operational decisions and develop and implement policies shall be governed by the guidelines contained in Exhibit A, Operating and Financial Plan, attached hereto and incorporated by this reference. 4.2. Coordinating Agents. The COUNTY appoints the Sheriff or his designee and the CITY appoints the Mayor or his/her designee, who shall act as coordinating agents for the parties to provide correspondence and communications related to the administration of this Agreement. 4.3. Schedules. The Sheriff or his designee, upon receipt of input from the CITY, shall determine the appropriate working schedule for the JCSO personnel assigned to perform the services under this agreement to the CITY. The schedule shall be established to provide weekly law enforcement services for a minimum of sixteen (16) hours per week. 5. Special Provisions. 5.1. CITY Purchases. The CITY shall supply at its own cost and expense any special supplies, stationary, notices, and forms where such must be issued in the name of the CITY. The COUNTY shall provide supplies and equipment routinely provided to its deputies. When the CITY purchases or leases any equipment for use by JCSO personnel assigned to the CITY, prior written approval is necessary from the COUNTY to ensure the equipment can be integrated into applicable COUNTY systems. Routine supplies and equipment include, but are not limited to, paper, staplers, paperclips, and shared desktop computers. The COUNTY will not approve items it can provide at an equal or lower cost or that are not standard issue. 5.1.1. Technology or Specialized Equipment. The COUNTY agrees to provide JCSO staff that are trained and equipped with such technology as is customarily provided to its patrol deputies. Such technology may include, but is not limited to: mobile data computers (MDCs), computer access to criminal history data and other like data, and other current technology utilized within law enforcement services. 5.2. Use of CITY Facility by JCSO. The CITY and COUNTY agree that incidental use of CITY facility by JCSO personnel shall not be charged to the COUNTY. 5.3. Citations for Infractions and Violations. All citations issued for infractions and violations, unless the violation requires confinement, shall be cited to the CITY'S Municipal Court. The release of vehicles impounded within the CITY limits shall be processed through the CITY of Ashland. 5.4. Computers. 5.4.1. The COUNTY will provide access to a computer for every staff member assigned to the conduct patrols under this Agreement. 5.4.2. The County Information Technology Department will be responsible for the repair and maintenance of all COUNTY equipment, software, and accessories that are used. 2016-2017 Ashland IGA 5.4.3. Replacement computers will be furnished via COUNTY departmental chargebacks, as needed. 6. Reporting. 6.1. Notification of Suspicious Activity. The CITY designee will notify the COUNTY in the event of suspicious occurrences within the CITY. 6.2. Monthly Reports. The COUNTY, through JCSO, will report monthly to CITY on law enforcement services provided by this Agreement. 7. Personnel and Equipment. The COUNTY is acting hereunder as an independent contractor so that: 7.1. Control of Personnel. Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed entirely by the COUNTY. Allegations of misconduct shall be investigated in accordance with COUNTY and JCSO Policies and Procedures as well as any applicable collective bargaining agreements. 7.2. Status of Employees. All JCSO personnel rendering service to CITY hereunder shall be for all purposes employees of the COUNTY. 7.3. Liabilities. All liabilities for salaries, wages, any other compensation, injury, or sickness arising from performance of the law enforcement services by the COUNTY hereunder shall be that of the COUNTY. 7.4. Provision of Personnel. The COUNTY, through JCSO, shall furnish all personnel and such resources and material deemed by the JCSO as necessary to provide the level of service herein described. 8. CITY Responsibilities. In support of the COUNTY providing the services described in Exhibit A, the CITY promises the following: 8.1. Municipal Code. The CITY shall, to the extent reasonably possible, taking into consideration local circumstances, endeavor as it adopts local ordinances to have such ordinances be consistent with ordinances of the COUNTY and/or state law applicable to the subject matter of this Agreement. It is recognized that it is in the interest of both parties to this agreement that reasonable uniformity of common regulations will promote efficient provision of law enforcement services. 9. Duration. The term of this agreement shall be from July 1, 2016 through and including June 30, 2017. 10. Termination. Either party to this Agreement may terminate said agreement by giving a thirty (30) day written notice to the other party. The amount due to either party by the other under Section 2.2 shall be prorated on a daily basis as of the date of termination. 10.1. Limitation of Liabilities. 10.1.1. Termination will not prejudice either party's right to tort liability coverage under this Agreement for any covered liability incurred prior to the date of termination. 2016-2017 Ashland IGA 10.1.2. Neither party shall be liable to the other for any incidental or consequential damages arising out of or related to this Agreement. 11. Indemnity; Insurance. 11. I. Indemnity. 1 l .l .1. CITY Held Harmless. Unless prohibited by the Oregon Tort Claims Act and the Oregon Constitution, the COUNTY shall defend, indemnify and hold harmless the CITY and its officers, employees and agents from any and all costs, claims, judgments, or awards of damages, resulting from the acts or omissions of the COUNTY, its officers, deputies, employees, or agents associated with this agreement. In executing this agreement, the COUNTY does not assume liability or responsibility for or in any way release the CITY from any liability or responsibility which arises in whole or in part from the existence or effect of CITY ordinances, rules, regulations, resolutions, customs, policies, or practices. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such CITY ordinance, rule, regulation, resolution, custom, policy, or practice is at issue, the CITY shall defend the same at its sole expense and if judgment is entered or damages are awarded against the CITY, the COUNTY, or both, the CITY shall satisfy the same, including all chargeable costs and attorney's fees. 11.1.2. COUNTY Held Harmless. Unless prohibited by the Oregon Tort Claims Act and the Oregon Constitution, the CITY shall defend, indemnify and hold harmless the COUNTY, its deputies, employees and agents from any and all costs, claims, judgments or awards of damages, resulting from the acts or omissions of the CITY, it's officers, employees or agents associated with this agreement. In executing this agreement, the CITY does not assume liability or responsibility for or in any way release the COUNTY from any liability or responsibility which arises in whole or in part from the existence or effect of COUNTY ordinances, rules, regulations, resolutions, customs, policies, or practices. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such COUNTY ordinance, rule, regulation, resolution, custom, policy or practice is at issue, the COUNTY shall defend the same at its sole expense and if judgment is entered or damages are awarded against the COUNTY, the CITY, or both, the COUNTY shall satisfy the same, including all chargeable costs and attorney's fees. 11.2. Insurance. CITY shall at its own expense provide the following insurance: 11.2.1 CITY shall obtain and maintain at all times during the course of the Agreement General Liability insurance coverage pursuant to the Oregon Tort Claims Act and subject to the limits of the Act covering Bodily Injury and Property Damage on an "occurrence" form in the amount of not less than $1 Million per occurrence/$2 Million general aggregate for the protection of the COUNTY, its officers, elected officials, agents, employees and volunteers. 2016-2017 Ashland IGA 11.2.2 Additional Insured Provision. The CITY's insurance shall include "Jackson County, its elected officials, agents, officers, volunteers and employees" as additional insureds. 11.2.3. Certificates of Insurance. In respect to general and Automobile Liability, and Professional Liability, and as evidence of the insurance coverage required by this contract, the CITY shall furnish acceptable insurance certificates to COUNTY prior to COUNTY commencing work under this contract. CITY shall name Jackson County, and its elected officials, officers, volunteers, agents and employees as Additional Insured on any insurance policies required herein but only with respect to COUNTY's services to be provided under this contract. A copy of the Additional Insured Endorsement must be provided to the COUNTY with the Certificate of Insurance. The certificate will specify all of the parties who are Additionally Insured. Insuring companies or entities are subject to COUNTY acceptance. If requested, complete copies of insurance policies; trust agreements, etc., shall be provided to the COUNTY. The CITY shall be financially responsible for all pertinent premiums, deductibles, self- insured retentions and/or self -insurance. 11.2.4. Notice of Cancellation. There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 60 days' notice to the COUNTY. Any failure to comply with this provision will not affect the insurance coverage provided to the COUNTY. The 60 days' notice of cancellation provision shall be physically endorsed to the policy. 11.2.5. Insurance Carrier Rating. Coverage provided must be underwritten by an insurance company deemed acceptable by the COUNTY. Insurance coverage shall be provided by companies admitted to do business in Oregon or, in the alternative, rate A- or better by Best's Insurance Rating. The COUNTY reserves the right to reject all or any insurance carriers(s) with an unacceptable financial rating. 11.2.6. Self-Insurance. As an alternative to the provisions of Section 11.2.5 above, CITY may fulfill its insurance obligations herein through a program of self-insurance, provided that the CITY's self-insurance program complies with all applicable laws, and provides insurance coverage equivalent in both type and level of coverage that satisfies this Section 11. IF the CITY is self-insured, the COUNTY Risk Manager must approve the self-insurance, in writing, as satisfying this section. 12. Non-discrimination. The COUNTY and the CITY certify that they are Equal Opportunity Employers. 13. Assi ng ment. Neither the COUNTY nor the CITY shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other party. 14. Audits and Inspections. The records and documents maintained by each party with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the COUNTY or CITY during the term of this Agreement and for a period of three (3) years after termination of this Agreement. Exception to this stipulation is for confidential internal affairs investigations conducted by the COUNTY. 2016-2017 Ashland IGA 15. Notice. Any formal notice or communication to be given by the COUNTY to the CITY under this Agreement shall be deemed properly given if personally delivered or mailed postage prepaid and addressed to: CITY OF ASHLAND, Forest Division Chief Chris Chambers chris.chambers a ashland.or.us 455 Siskiyou Blvd. Ashland, Oregon 97520 Any formal notice or communication to be given by the CITY to the COUNTY under this Agreement shall be deemed properly given if personally delivered or mailed postage prepaid and addressed to: JACKSON COUNTY SHERIFF'S OFFICE Attn: Melissa Allen, Projects Coordinator II allenme cr jacksoncounty.org 5179 Crater Lake Highway Central Point, Oregon 97502 The name and address to which notices and communications will be directed may be changed at any time by either the CITY or the COUNTY provided that such notice has been given to the other party in writing. 16. COUNTY as an Independent Contractor. 'The COUNTY is, and shall at all times be deemed to be, an independent contractor. Nothing herein shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of the COUNTY's elected officials, officers, agents or employees. The COUNTY shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. 17. No Joint Financing. This Agreement does not contemplate the financing of any joint or cooperative undertaking. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. -s. The headings and captions to sections of this Agreement have been inserted for identification 18. Heading and reference purposes only and shall not be used to construe the meaning or to interpret this Agreement. 19. Construction. The parties agree and acknowledge that the rule of construction that ambiguities in a written agreement are to be construed against the party preparing or drafting the agreement shall not be applicable to the interpretation of this Agreement. 20. Agreement Administration. 20.1. Agreement Administrators. The CITY Mayor, or designee, and the COUNTY Sheriff, or his designee, shall serve as agreement administrators to review agreement performance and resolve operational problems. 2016-2017 Ashland IGA 20.2. Referral of Unresolved Problems. The CITY Mayor, or designee, shall refer any service operational problem, which cannot be resolved, to the JCSO Support Bureau Captain, and if still not resolved to the COUNTY Sheriff. The COUNTY Sheriff and CITY Mayor shall meet as necessary to resolve such issues. 21. Amendments. This Agreement may be amended at any tirne by mutual written agreement of the CITY and the COUNTY. 22. Entire Agreement. This Agreement and Exhibit A contain all of the agreements of the parties with respect to any matter agreed hereto. Any prior agreements, promises, negotiations or representations of or between the parties, either oral or written, relating to the subject matter of this Agreement, which are not expressly set forth in this Agreement are null and void and of no further force or effect. 23. Waiver. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing to be effective, and shall apply solely to the specific instance expressly stated. 24. Severability. If any of the provisions contained in this Agreement are held. illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this agreement to be executed on this day of , 2016. CITY of ASHLAND Dave Kanner, City Administrator Date City Attorney JACKSON COUNTY Date Danny Jordan, County Administrator 2016-2017 Ashland IGA Date APPROVED: APPROVED AS TO LEGAL SUFFICIENCY: Corey L. Falls, Sheriff Sr. Assistant County Counsel Date Date 2016-2017 Ashland IGA EXHIBIT A to INTERGOVERNMENTAL AGREEMENT Between JACKSON COUNTY And the CITY OF ASHLAND OPERATING AND FINANCIAL PLAN A. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Seasonal JCSO Criminal Deputy RATE DESCRIPTION NTE $26.00/hour Seasonal deputy regular wage rate NTE $39/hour Seasonal deputy overtime rate NTE 7.65% of Fringes, actually incurred (base rate only) monthly wages $500.00/month Vehicle Rate $0.54/mile (GSA) Vehicle Mileage driving to, from and within the Watershed $51.73 Cell hone $150.00/month Administrative Costs, uniform and duty gear NTE $1,500.00/year Miscellaneous equipment and supplies authorized by the City of Ashland in advance (as per terms in Master Agreement). Full-Time, JCSO Criminal Deputy RATE DESCRIPTION NTE $34.14/hour E6 FT Deputy regular wage rate NTE $51.22/hour E6 FT Deputy overtime rate NTE 63% of Fringes, actually incurred regular wages NTE $26% of Fringes, actually incurred overtime wages $0.54/mile (GSA) Vehicle Mileage during time worked within Watershed Page 1 _77:1 Full-Time, JCSO Sergeant II RATE DESCRIPTION NTE $37.33/hour E6 FT Deputy regular wage rate NTE $55.99/hour E6 FT Deputy overtime rate NTE 63% of Fringes, actually incurred regular wages NTE $26% of Fringes, actually incurred overtime wages $0.54/mile (GSA) Vehicle Mileage during time worked within Watershed B. Total reimbursement to the County under this Operating Plan shall not exceed $13,000 II. PATROL ACTIVITIES: A. Time schedules for patrols will be flexible to allow for emergencies, other priorities, and day-to- day needs of both the County and the City of Ashland. In general, patrols within the Ashland Interface and Ashland Watershed will be 2 days (16 hours) per week during fire season (5 months occurring June 1 through November 1), with at least one day per week falling on either Saturday or Sunday, subject to availability of the JCSO deputy. • Patrol on following Forest Service roads, campgrounds, developed sites, or dispersed areas (when open and accessible for public use): Ashland Watershed Areas National Forest System Land within the Ashland Watershed: Patrol Areas: FS Roads 20, 2060 and 2080200 2060300 road to landing 2060100 road (Water Plant) Lamb Saddle Horn Gap 2060400 to Skyline Mine Grouse Gap & Mt. Ashland Summit 2060500 to Winburn Ridge Old shooting range off Granite Street (foot) Trailheads: White Rabbit Bull Gap Four Corners Rabbit Ears (just below Mt. Ashland summit) Lamb Saddle/Lamb Mine Page 2 National Forest System Land outside the Ashland Watershed: Patrol Areas: FS Roads 2060, 2080, 2080400, and 2080600 Trailheads: Eastview Lower Eastview Upper Toothpick Trailhead City of Ashland owned land within the Ashland Watershed: Patrol Areas: Area above large City granite pit off FS Road 2060 (foot) Access road around Reeder Reservoir to East Fork Glenview Drive granite pit and above (foot) Red Queen Trail (foot) Waterline Trail (just above Water Plant Road) Old Shooting Range/Fairy Ponds Area (foot) Lower 2060 road/Top of Granite St City of Ashland owned land outside the Ashland Watershed: Patrol Areas: Hitt Road to City Water Tank Oredson-Todd Woods/Siskiyou Mt. Park via TID Ditch (Strawberry Ln to south) Park St Gate (vehicle access) Siskiyou Mtn. Park (foot) Trailheads: Toothpick Trailhead (Tolman side) Alice in Wonderland/Bandersnatch (2060 just above Morton St) 111. EQUIPMENT: Not to exceed $1,500.00 for miscellaneous equipment and supplies authorized by the City of Ashland in advance. Equipment shall be defined as any article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level established by the County for financial statement purposes, or $5,000. Only items meeting this definition shall be subject to reimbursement limited to a pro rata share based on the percentage of time it is used under this agreement. All other items approved for purchase in the Operating Plans shall be reimbursed in full (100%). Total reimbursement for this category shall not exceed the amount of. $1,500.00, as a portion of the $13,000.00 under the operatinp, plan IV. BILLING FREQUENCY: Invoices. The County will submit monthly invoices to the City of Ashland for reimbursement of services provided under this operating plan. Invoices shall be printed on the County's department letterhead and shall include the following: 1. Date of invoice, Page 3 2. Actual dates of services (from MM/DD/YY to MM/DD/YY), I Description of services (hours worked x rate/hour; miles x rate/mile), 4. Total amount billed to the City of Ashland, 5. Signature from Sheriff, or other authorized representative, certifying that services have been performed as described on invoice and supporting documentation, 6. Supporting documentation as described below in Section B. The invoices and supporting documentation shall be forwarded for payment as follows: Ashland Fire & Rescue, Forest Division Attn: Chief Chris Chambers 455 Siskiyou Blvd. Ashland, Oregon 97520 Invoices may also be emailed to chris.chambers(aashland.or.us Address coversheets to: Chris Chambers, Forest Division Chief Supporting Documentation. The supporting documentation shall provide sufficient detail to allow the City of Ashland to identify reimbursable expenditures. They shall consist of an activity reports with dates of service, 1. Areas patrolled and miles traveled, 2. Person-hours worked, 3. Incidences and case numbers 4. Number of public contacts, to include a. Arrests made for all violations, b. All incidents investigated or responded to, The City of Ashland shall send checks for invoices to: The Jackson County Sheriff's Office Attn: Melissa Allen 5179 Crater Lake Hwy Central Point, OR 97502 Page 4 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting A Resolution of the City Council Amending the 2015-2017 Biennium Budget to Add 3.0 FTE to the Fire Department Budget FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY This is a resolution that will increase the number of firefighter/paramedic FTE in the 2015-17 biennium budget from 12 to 15 and the total FTE in the Fire & Rescue budget from 34.60 to 37.60. These positions can be paid for without an increase in appropriations, so no supplemental budget is required. BACKGROUND AND POLICY IMPLICATIONS: Fire Chief John Karns has long advocated for increasing the number of firefighter/paramedics in the Fire Department in order to achieve an 8/10 staffing level. This means that each of the three regular Fire & Rescue shifts has 10 firefighters assigned to it and a minimum of eight are on duty. Currently, Ashland Fire and Rescue uses an 8/9 staffing model in which nine firefighters are assigned to each shift with the minimum staffing level of eight. Since up to two firefighters are permitted to be on vacation during each shift, achieving the minimum staffing level requires bringing in a firefighter from a different shift who is paid overtime. At the Council study sessions of August 31, 2015, December 14, 2015 and May 2, 2016, the Council discussed the potential benefits of 8/10 staffing, which can be achieved by hiring three firefighter/paramedics. Chief Karns notes, correctly, that this would be cost neutral - at least in the first year - since the salary and benefit costs of the three new firefighters would be almost completely offset by a reduction in overtime expenses. The cost of these new firefighters would increase beyond the overtime offset in future years as these new firefighters themselves become eligible for vacation and move to higher steps in the pay range. The 8/10 staffing model that AF&R can fully staff two engines and a rescue vehicle on each shift or, if all 10 firefighters assigned to a shift are working, for vehicles in a major emergency. For purposes of position control, this resolution increases the number of firefighter/paramedic FTE in the 2015-17 biennium budget from 12 to 15 and the total FTE in the Fire & Rescue budget from 34.60 to 37.60. These positions can be paid for without an increase in appropriations, so no supplemental budget is required, and since the appropriation is already in the personal services category, no transfer or budget amendment is required. COUNCIL GOALS SUPPORTED: Page 1 o f2 ~r CITY OF ASHLAND Public Safety 23. Support innovative programs that protect the community. FISCAL IMPLICATIONS: The estimated cost for 8/10 staffing is as follows: • First year $7,904 • Second year $27,015 to $29,176 • Third year $39,317 to $42,462 • Fourth year $52,059 to $56,223 In addition, turnouts, uniforms and equipment for three new firefighters will cost approximately $20,000. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the increase in the number of firefighter/paramedic FTEs from 12 to 15. SUGGESTED MOTION: I move approval of a resolution titled, "A resolution of the City Council amending the 2015-2017 biennium budget to add 3.0 FTE to the Fire Department budget." ATTACHMENTS: Resolution Minutes of August 31, 2015, Council study session Minutes of December 14, 2015, Council study session Minutes of May 2, 2016, Council study session Page 2 of 2 1. 11 IFr RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL AMENDING THE 2015-2017 BIENNIUM BUDGET TO ADD 3.0 FTE TO THE FIRE DEPARTMENT BUDGET RECITALS: A. The 2015-2017 biennium budget identifies 34.60 fill-time equivalent (FTE) employees budgeted in the Fire & Rescue Department, including 12.00 FTE firefighter/paramedic positions. B. The City Council has determined that an increase of 3.0 FTE firefighter/paramedic positions can be achieved in the current biennium without an increase in appropriations. C. The Council finds that an increase of 3.0 FTE firefighter/paramedic positions is necessary in order to better ensure the health, safety and welfare of the City of Ashland. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The 2015-2017 biennium budget is amended as follows: The number of firefighter/paramedic FTE (as shown on page 3-70 of the budget document), is increased from 12.00 to 15.00 and the total FTE in the Fire & Rescue Department is increased from 34.60 to 37.60. This resolution was duly PASSED and ADOPTED this day of 120161 and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H. Lohman, City Attorney Page 1 of 1 City Council Study Session August 31, 2015 Pagel of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, August 31, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Rosenthal, Voisin, Marsh, Morris, Lemhouse, and Seffinger were present. 1. Public Input Huelz Gutcheon/2253 Hwy 99/China had twice as much greenhouse gas emissions than the United States. However, the United States had more per capita. The president wanted greenhouse gas emissions reduced 20% by 2030. He recommended watching President Obama's talk at the Natural Clean Energy Summit on YouTUbe. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Discussion of City Recorder charter amendment City Administrator Dave Kanner explained Council needed to review the information on changing the City Recorder position from elected to appointed and decide next steps if any. Alternately, some of the content in the City Charter was outdated and required updating. Councilor Marsh addressed the Charter Commission that previously reviewed potential changes to the Charter and explained the commission never put a vote to the public. The City Recorder did not support changing the position to appointed at that time and the Commission did move forward knowing that information. City Recorder Barbra Christensen explained it was an honor to serve the community as the elected City Recorder and Treasurer. She respectfully disagreed with the comments and opinion presented by the City Administrator but understood his reasons. She provided examples that showed her office was its own department and worked intricately with all City departments as well as banking and treasury management services. Independent judgement was important in the office and being able to make decisions based on law or information she had was part of the position. She understood the concerns and issues on having the position appointed or elected. She had full confidence in the community. They were aware of who they elected into office. There was never an elected City Recorder unable to fulfill the duties of this office. Charter provisions allowed the Council to remove a Recorder not able to perform the duties. The position and duties had evolved over the past twenty years. She was willing to discuss retaining some of the duties but reluctant to change the position from elected to appointed. It was important to have the advantage of a full time elected official at City Hall, to be impartial and autonomous. It was a perceived sense of security for the citizens and an honored historical part of the history. Having an elected city recorder was not normal in Oregon but was in other states throughout the country. If there were cons, they should figure out a way to resolve them. She wanted the office better utilized and to be part of the team like any other department. Since the Recorder's office was intricately involved with other departments, receiving updates on future projects would be helpful. Ms. Christensen attended Department Head meetings in the past but had not for several years. City Council Study Session August 31, 2015 Page 2 of 3 The City Charter defined Recorder responsibilities while City Treasurer duties were written in the Charter regarding bonds and in the Ashland Municipal Code (AMC). Currently, banking was electronic, complicated, and had evolved almost into its own entity. Ms. Christensen used an incident with a former City Administrator who did not follow contract rules as an example where an elected Recorder position was beneficial. A series of records requests through her office unveiled misconduct issuing contracts by the City Administrator at that time. Council asked what Ms. Christensen thought about having the Recorder position appointed by the Mayor and Council. Ms. Christensen supported that slightly more than appointment by the City Administrator. The community ultimately made the decision. She thought whatever was decided had to have full support of the Council. City Attorney Dave Lohman thought it might be possible to establish minimum qualifications for an elected position. Council comment observed the Recorder position had been elected for over one hundred years without issue. Response noted the position was salaried, had evolved over time, and required qualifying skills. Council discussed forming a subcommittee to determine whether the position should be appointed or remain elected and possibly shifting duties to other departments. If a change went to the voters, it should go on a special election versus a primary, possibly with the school board election May 2017. Some Councilors did not support making the position appointed but were interested in possibly separating duties through an ordinance. Mr. Lohman addressed establishing qualifications through an ordinance and clarified the Charter could not be overridden by an ordinance. Council majority supported forming a subcommittee to review appointing the Recorder's position or keeping it elected and reviewing current duties. The subcommittee would also clean up areas in the Charter that required updating. Ms. Christensen would be a part of the subcommittee with the Mayor, one councilor, and citizens. The Mayor and Council discussed a subcommittee versus an ad hoc committee and decided on an ad hoc committee. Ms. Christensen suggested the City Administrator be part of the ad hoc committee as well. 4. Ashland Fire & Rescue operational and staffing information Mayor Stromberg explained this was part two of the discussion begun at the August 3, 2015 Study Session regarding Ashland Fire & Rescue (AF&R). There was a core conflict between fire and emergency services and medical transport. Part 2 of the discussion encompassed options to resolve staffing through possibly adjusting, consolidating, or eliminating functions. Fire Chief John Karns explained the primary issue was not having enough staff to respond appropriately to the call load. For second or third alarm fires, AF&R used resources from Fire District 3 and Fire District 5. However, call load and staffing issues occurred daily. There were three ways to address staffing and the increased call load. One was hire more personnel for line duty. The second was reduce the call load. The third was researching the possibility of replacing the municipal department with a special district concept where Fire District 5 absorbed AF&R or created a new special district with Fire District 5. Funding for a Special District used taxes between the district and the taxpayer. The municipal property tax would decrease and the net funding would be greater. City Administrator Dave Kanner clarified the district would have a maximum tax rate set by the ballot measure that created the district. The City had no way of reducing Ashland's permanent tax rate. Any reduction in taxes the City collected would be voluntary and an annual or biennial budget decision. Chief Karns further clarified a special district would help fiend the department and provide the resource level needed. City Council Study Session August 31, 2015 Page 3 of 3 Battalion Chief David Shepherd explained AF&R and Fire District 5 requested support for one another weekly. Mr. Kanner clarified only taxpayers in Fire District 5 pay Fire District 5 taxes. County taxes did not pay for the district. Ambulance service was not a tax-based system. It was a fee for service system. Refusing the non-emergent transport would result in lost revenue. Mercy Flights might be interested in taking over that call load but would not reimburse AF&R. Mercy Flights had similar resource challenges as well. Chief Karns thought going to an 8-10 staffing level would keep initial costs down and provided a benefit of having ten people on duty during certain times. It was not a resolution but a reasonable starting point until the department was at a 9-10 staffing level. Currently AF&R was at 8-9 staffing level. Due to vacation time, AF&R allowed two employees off on any given day leaving a staff of seven. The department paid an employee overtime to maintain an eight person staffing level. The 8-10 staffing level would allow two people off without incurring overtime. An 8-10 staffing level meant hiring three firefighters, one for each shift and would eliminate 5,300 hours paid in overtime that totaled $317,000. Salary and benefits for an entry-level firefighter was $109,000 with a step increase at six months. The appropriate staffing level for AF&R was 10-I l . Going to a special district could cause the City to lose programs like the Fire Adapted Communities, emergency management preparedness, and fire inspections. A special district formed within Ashland would enable the programs to remain. Special districts minimized duplication of services and having borderless departments maximized resource deployment. Consultant costs to analyze the potential of forming a special district were approximately $40,000. Mr. Kanner noted other options that included hiring new employees at a level who were not certified but were Emergency Medical Technicians (EMTs) that did nothing but drive ambulances. Chief Karns explained transports required paramedics by contract. AFR transported approximately 1,700 people a year. Another option Mr. Kanner suggested was contracting with Fire District 5 to provide fire and emergency medical services (EMS). To have a viable fire department long-term required adding staff and that would be expensive. In the current budget process, it was a $1,000,000 in add package requests and there was not enough funds. The City needed to focus on what was most critical at that time and preference was given to those things that did not incur ongoing costs beyond the current budget cycle. The present discussion on AF&R had implications for the next budget cycle and possibly the budget following. The City had outgrown its ability to fund the fire department at an adequate level. The demand for service had outgrown the available money. Reducing the call load would eliminate the ambulance transport service with an approximate loss of $671,000 in revenue. AF&R would still be understaffed. Response times would be similar. The time difference would occur with the transporting resource. Council wanted information and options on forming a special district, merging with Fire District 5, a residential fire sprinkler ordinance, and achieving a staff level of 8-10 that included where the money would come from and what programs might get cut. Meeting adjourned at 7:20 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Study Session December 14, 2015 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, December 14, 2015 Council Chambers 1175 E Main Street Mayor Stromberg called the meeting to order at 5:30 p.m. in the Civic Center Council Chambers. Councilor Rosenthal, Seffinger, Voisin, Lemhouse, and Marsh were present. Councilor Morris arrived at 5:45 p.m. Mayor Stromberg moved agenda item 5. Review of staffing options for Ashland Fire & Rescue after agenda item 2. Look Ahead review. 1. Public Input Huelz Gutcheon/2253 Hwy 99/Explained the four parts of energy were generation, efficiency, conservation, and ecology. Energy generation included solar panels, gas, or thermal energy. Energy efficiency pertained to items like cars or computers that did more using less energy. Energy conservation covered behavior through teaching and learning. Energy ecology related to efficiencies that used the least amount of poison. Carbon fit into the ecology category. A human being generated 100-kilowatt hours of energy. The efficiency of the human body was 85%. Ashland wasted $7.000,000 a year not learning about externalities. John Chmelir/3743 Calle Vista/Gave the City Administrator a signed construction easement. He asked for an exception for fire lines on his property if nothing else. The proposed connection went to an 8-inch line connected to the fire hydrants, not to the transmission line. It was an internal distribution line. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Review of staffing options for Ashland Fire & Rescue Fire Chief John Karns recommended Council consider three options listed under the Conclusion of the Ashland Fire & Rescue Staffing Menu document. The first would implement the 8/10 staffing with a commitment to 9/10 staffing in the future. The second eliminated non-emergent transfers. The third was Administrative Options that included a residential sprinkler ordinance, supporting a WUI Fire Code, the Age-Friendly Housing Program, and Senior Fall Prevention and Fire Safety Training. City Administrator Dave Kanner thought adding staff would increase the rate at which costs increased in the Fire Department. Adding three firefighters immediately would offset overtime costs initially but every firefighter had overtime built into their positions that increased as they moved up the pay scale and wages increased. The Fire Department needed a certain number of people on staff and often used overtime to maintain that level. Another issue was the Public Employee Retirement System (PERS) would go up in the next biennium to an amount equivalent of a full time firefighter or police officer. He agreed with Chief Karns that an 8/9 staff level did not provide adequate coverage. The option that made best sense was hiring one firefighter/paramedic per year for six years. He also supported eliminating non-emergent medical transfers. Chief Karns explained eliminating non-emergent transport would entail contacting Jackson County and putting out a request for proposal (RFP) for a third party that would contract with the Fire Department. Currently, Mercy Flights thought assuming the non-emergent transports was viable. The RFP process would take 4-6 months. City Council Study Session December 14, 2015 Page 2 of 3 Mer ing with Fire District 5 or creating a Special Fire District was typically a five-year new dst~ct or merging g programs currently offered through the Fire Department would change. Forming was political, and the community might not be receptive. Establishing special districts if the Fire De new trend Department throughout the nation. Mr. Kanner added they would have to arnend the City Charter merged or formed a special district. Chief Karns was not opposed to a student program. It would not solve the staffing p ~ bde career staff. % of a career firefighter's salary to fund. He was resistant. to add a student program witho quate Council discussed options and directed staff to bring back information on the following: • Identify additional revenue sources, steps needed to attain an adequate staff level and a plan to get there • Eliminating the non-emergent medical transfers • Residential fire sprinkler code • WUI code • Explore special districts, combined districts, and bring back a range of options • Implementing a Senior Fall Prevention and Fire Safety Training • Implementing an Age-Friendly Housing Program 4. Hosler Dam Federal Energy Regulatory Commission m issio Pat 1 oupdateoperators of the Hosler Dam and Engineering Services Manager Scott Fleury explained power plant, followed certain guidelines and requirements mandated by the Federal Energy Regulatory C-Emergency Action Plans and D-Inspection by Commission (FERC). Of the five subparts of Part 12, Independent Consultant were the most important. Subpart C-Emergency Action Plans detailed the development and continual updating of the Emergency Action Plan pertaining to potential failure, erninent failure, or flash flood issues associated with the dam. For subpart D-Inspection by Independent Consultant, the City hired AECOM Senior Civil Engineer Steve Samuelson. The reports detailed potential failure modes of the dam and h ~nd categories. O meeting with Samuelson was working on with FERC was protect the left abutmenftinbhe case of over topping, a situation FERC. the following day to determine how to p level over topped. The where water came over the parapet walls and the dam face. Hosler dam had spillway was a 120-foot channel water came through naturally when it reached that Pieter Srneenk explained during the 1997 flood Hosle Dam came close to overtopping due to a lot of debris built up in the dam. shared the history of prior studies, and explained Mr. Samuelson addressed the left abutment erosivity study, FERC had concerns regarding the rock structure under the dam that could ultimately result in erosive failures to the foundation. He described what they analyzed during the studies, frequency, and response from FERC. He provided examples of what the City could do to reinforce the left abutment. 5. Discussion and options: extension of City water services outside of City limits City Administrator Dave Kanner explained Ashland Municipal Code 14.04.060 had criteria for requests frorn properties outside city limits to connect to City water. John Chinelir s property could not meet those criteria. Mr. Chmelir would present his case before Council at the January 5, 2016 meeting. Mr. Kanner re ix possible options for Council to consider that ranged from no changes to the code annexing Highway 99 would on a the that between the railroad trestle and Valley View Road into city limits. Staff did not support option amend the code to allow connections to City water or option 5 that would grant exceptions code case-by-case basis. City Council Study Session December 14, 2015 Page 3 of 3 water line was a Public Works Director Mike Faught and RH2 Consultant Jeff Ballarr explained ret the The pressure from transmission line that pushed Talent Ashland Phoenix (TAP) water up to Granite , the the line was too powerful for a residential connection. When and if the area aannexed into city limits had not that time. They Public Works Department would review needs and Tadd a distribution line AP moved water from one point to another in rapid analyzed the TAP line for fire suppression utilization. fire hydrants for future use. succession during the summer. Once it reached city limits, they installed the two Mr. Ballard added until the City adequately planned for the long term, they should take care regarding any decisions they might make regarding connections to the TAP line. Council expressed interest in amending the code for fire suppression only, and criteria for variances. tCouncil comment noted if connecting to TAP was not feasible or a good idea there was no reason to pursue further and suggested staff research feasibility first. Meeting adjourned at 7: 24 p.m. Dana Smith Assistant to the City Recorder City Council Study Session May 2, 2016 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, May 2, 2016 Siskiyou Room, 51 Winburn Way Mayor Strornberg called the meeting to order at 5:33 p.m. in the Siskiyou Room. Councilor Seffinger, Rosenthal, Morris, Voisin, and Marsh were present. Councilor Lemhouse was absent. 1. Public Input Huelz Guteheon/2253 Hwy 99/Addressed global clirnate change and explained the ocean would rise twelve feet if Greenland's 1.8-mile thick ice melted. Climate experts were now saying climate change was worse than they reported in Paris. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. 2016 Ashland Forest Plan draft review and presentation by the Forest Lands Commission Forest Lands Commission Chair Frank Betlejewski started the presentation on the 2016 Ashland Forest Plan. The Commission updated the 1992 plan and built a website. Ashland owned approximately 1,100 acres of forest land and were adding 172 acres from the Parks and Recreation Department previously not in the plan. He accessed the website, http://gis.ashland.or.us/2016afp/ and explained the features. Commissioner John Williams presented the Ashland Forest Plan overview that included: • Pre-settlement - Native peoples low-impact Ashland Watershed • 1860-1890 - Scattered logging, cattle, and sheep grazing - water supply degraded • 1935-1990 - Logging, fire suppression, several large wildfires, run-away vegetation • 1992-1995 City Council mandates active forest management. City adopts first comprehensive Ashland Forest Plan and established Ashland Forest Lands Commission 0 Modern Era Management 1992-2015: Active management with 3 primary objectives: o Protection and promotion of the City's water supply o Maintenance and promotion of forest health o Reduce risk of catastrophic fire • 1995-2002 Building community trust; low-level, restorative forestlands projects completed • 2003-2004 - Restoration It project initiated: community supported, professionally implemented 0 180 acres, helicopter thinning, 125 log truck loads o recognized Becomes nationally recognized as workable model 2004-2014 - Community collaboration with Forest Service • 2010 - Ashland Forest Resiliency Project (AFR) begins restoration work in Ashland Watershed across all ownerships: City of Ashland, Nature Conservancy, US Forest Service, Lomakatsi Restoration Proj ect • 2016 and Beyond o Continued Community Engagement o Joint management of Parks and Rec Forestlands o Secure sustained funding for further restoration work o Implementation of 2016 Ashland Forest Plan • Recreation Issues: Resource impacts; unsanctioned traits; user conflict; increased future use • Management Considerations o Manage trails for sustainability - reduce "social" trails o Monitor and implement adaptive management City Council Study Session May 2, 2016 Page 2 of 3 o Continue community outreach and education • Monitoring Chapter - Obtaining and recording information over time o Qualitative: subjective assessment o Quantitative: objective measurements • Types of Monitoring 1. Inventory or baseline monitoring: Initial assessment of species distribution & environmental conditions 2. Implementation Monitoring: Were management actions accomplished as planned? 3. Effectiveness Monitoring: Did management action achieve stated goals or objectives? 4. Validation Monitoring: Determine if assumptions & models used in management were correct, and modify them as necessary • Current Monitoring 1. Restoration I-IV management projects 1995 to 2016: Stand density and fire hazard reduction through thinning; Reintroduction of fire 2. 206 monitoring goals: Site description, forest structure & composition, soils, fuel 3. Results indicate success in achieving management goals for City forest lands • AFP 2016 Monitoring Goals 1. Track ecosystem elements that are likely to change as a result of management actions 2. Compare effects of treatments at different locations 3. Ensure that the desired effects are produced 4. Provide feedback on the effectiveness of our actions so we can respond in the future to make better management decisions • Monitoring Under AFP 2016 1. Emphasis on specific quantitative indicators 2. Focus of monitoring indicators that make best use of limited resources 3. Build upon past monitoring • Management Chapter Diminish the likelihood of a high severity o Ecological Goals: Promote healthy, resilient forests; wildfire through active vegetation and fuels management that emulates the historic range of natural disturbances; Maintain water quality and quantity for use by the City and enhance aquatic life in the watershed while minimizing the potential for soil erosion and landslide events o Social Goals: Encourage community input, and awareness and education in the process of maintaining healthy forests, the Wildland Urban Interface (WUI) and the broader Ashland Watershed; Integrate recreational opportunities into the larger context of active forest management. • Management Chapter: Subchapter Headings • Ashland 1996 Fire Management Priorities (by unit) - photo • Unit photos over time and treatment • Unit C2 Maintenance Treatments 0 1996-97 - Thinning/brushing, piling, burning 0 1997 - Plant conifer seedlings o Winter 2004/05; 2006/07; 2010/11 - Maintenance treatments (brushing/grubbing manzanita seedlings, blackberry, Scotch broom, etc.) o Winter 2010/11 - Low prune pine saplings o Spring 2012 - Prescribed underburn Commissioners explained forest science was complicated and included qualitative assessments, plot data, and soil erosion measurements. Commissioner Downey would forward a seminal paper by Jerry regarding forest science to Council. City Council Study Session May 2, 2016 Page 3 of 3 The Forest Plan contained a section that addressed climate change. The Rogue River Siskiyou National Forest would start a Climate Change Vulnerability Assessment that will take 18 months to complete. 4. 8/10 Staffing Study for Ashland Fire & Rescue Fire Chief John Karns provided the background on transitioning from an 8/9 staffing level in the Fire Department to 8/10. Staffing was critical and the Fire Department was relying on Fire District 5 and Mercy Flights more often. They were currently in the process of subcontracting non-emergent transfers and would seek permission from Jackson County Commissioners. Two viable vendors could assume transport duties. Transitioning out of non-emergent transports would decrease calls 2-3% but not alleviate staffing inadequacies. The Fire Department recently executed an entry-level exam and had a list of possible firefighter candidates. Hiring paramedics instead of firefighter/paramedics would Curtail flexibility and not solve the issue. There were certification levels that would preclude paramedics from responding to fires. Chief Karns wanted to start hiring July 1, 2016. City Administrator Dave Kanner understood the rationale and supported moving to an 8/10 staffing level but wanted to do it July 1, 2017 as part of the budget. In addition to the increase in cost, there was a $40,000 to $50,000 annual cost associated to giving up non-emergent transports. The two retirees the Fire Department hired completed their hire back terms that lasted 4 to 5 months due to staff hours. The volunteer student program would be appropriate once the department achieved an adequate staff level and could not replace career firefighters. Council discussed directing staff to come to a future meeting with a plan to achieve an 8/10 staffing level starting July 1, 2016. Opposing comments wanted to wait and review staffing with other priority budget issues during the financial segment of council goal setting set for June 17, 2016. Council majority directed staff to move forward on a plan to achieve 8/10 staffing. 5. Update on employee disaster readiness Chief John Karns explained employee emergency preparedness would allow employees to return to work during a disaster to help the city recover. Further training would provide emergency preparedness, Ashland's threat hazard, and the new state strategy of everyone having the ability to self-sustain for fourteen days. If the disaster were not a 72-hour situation, it would take 14 days for the area to receive relief from the state. Training could extend to the families of employees as well. The City would create a committee mostly staffed by the Employee Emergency Response Team (EERT) who would evaluate 14-day sustainability options for employees and their families. Mayor Stromberg added the goal was ensuring families of every City employee had the necessary supplies, provisions, and training to survive in a healthy state for 14 days so employees were available to return to work and help the city recover. The City could cover some costs or pay the cost upfront and have employees pay through payroll deduction afterwards. There were also costs for having the employees at work, ancillary agreements with fuel providers and contracts that allowed the City first access. The City may also be able to offer collective buying opportunities to citizens. The project would take a couple years to put together. Meeting adjourned at 7:06 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Resolution Transferring Appropriations within the Biennium 2015-17 Budget FROM: Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us SUMMARY Unanticipated and unbudgeted payments to the Library District and of the You Have Options Program have occurred within the General Fund for warranting a transfer from Contingency to the Administration and Police departments. A transfer totaling $21,430 is requested. BACKGROUND AND POLICY IMPLICATIONS: There are three ways in which to change appropriations after the budget is adopted. 1. A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City Council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fund follows a process similar to the transfer of appropriations. This process includes a notice in the paper prior to Council taking action. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing prior to the council taking action. The proposed resolution identifies and authorizes two transfers of appropriations from Contingency in the General Fund: $8,930 to the Administration Department - Library and $12,500 to the Police Department. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: Transfers of appropriation do not increase or decrease the adopted budget. Transfers between appropriation categories only reflect a change in anticipated activities. A transfer of appropriations using contingency does cause a reduction in the potential ending fund balance however addressing unanticipated expenditures is the primary purpose of contingency. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council approve the proposed resolution. SUGGESTED MOTION: I move to adopt a resolution titled "A Resolution Transferring Appropriations within the 2015-17 Page 1 of 2 L411 CITY OF ASHLAND Budget' as presented. ATTACHMENTS: Proposed Resolution Transfer Request Memos Page 2 of 2 RESOLUTION NO. 2016 - A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2015-2017 BIENNIUM BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayor and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: Transfer of Appropriations: TO: Administration Department - Library $ 8.930 Police Department $12,500 FROM: Contingency $21,430 To transfer appropriations from General Fund Contingency to the Administration Department to remit $8,930 in restricted property tax receipts above the amount estimated for payment this budget period and $12,500 to the Police Department to fund You Have Options Program speaker costs that were originally anticipated in the prior year. SECTION 2. This resolution was duly PASSED and ADOPTED this day of June, 2016, and takes effect upon signing by the Mayor. Barbara Christensen, City Recorder SIGNED and APPROVED this day of June, 2016: John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 ASHLAND Budget Transfer Request Date: 4/2012016 Department: Administration txpfanaition of request: A.mni int hi,irinatad awns lp-,c than nrti fal r-P zh Arts tnl nrnm ant war, trnncfarrnrl to the Library District, since it cannot be used for any other purpose y Transfer From Account Dumber Lane Itern Way Amount 11 a 99.oo.no-g05[t€ o Continopn(w ~ R g3r~ On Total Amount of Transfer S 8 930,00 Transfer To Account Number Line Item Name Amount 110,01.02.17.604100 Prnfpssinnal Sprvic:ps $8.930-001 Total Amount of Transfer $ 81930.00 Kc nested 13 Approved By. Department Head CITY C) IF -ASHLAND Budget Transfer Request Date: 4/5/2016 Department: Police Explanation of request: To reimburse for speaker cost for You Have Option Program (YHOP) , The payments for the classes had been paid in the prior fiscal year. Transfer Fes, Account Number Line Item Name Amount 110.99.00.00.905000 Contingency S 12 500.00 Total Amount of Transfer S 12.500,00 Transfer To Account Number Line Item Name Amount 110.06.12.00.606400 Trainin $12,500.00 Total Amount of Transfer 12,501 .00 C"'L Requested B Approved By_,e' uepartment Head CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Public Hearing for First Reading of an Ordinance Levying Taxes for the Period of July 1, 2016, to and including June 30, 2017 and Resolutions to Receive State Subventions FROM: Lee Tuneberg, Finance Director, Administrative Services Department tuneberl@ashland.or.us SUMMARY Oregon Budget Law requires the City Council to hold a public hearing and adopt an ordinance or resolution to levy property taxes and also to certify that it provides sufficient services to qualify for, and elects to receive, state subventions (known as state revenue sharing). Even though the City employs a biennial budget, adopting appropriations June 16, 2015, these others steps are necessary for FY 2016-2017. The City's property tax rate is limited to $4.1972 per $1,000 of assessed valuation, which is the rate established by the Budget Committee in May, 2015. The Council can impose a lower rate but cannot exceed that rate unless it follows a prescribed public process. A second reading will be needed June 21 to complete this action before June 30, 2016. In addition to this ordinance, Council must adopt resolutions to certify that it qualifies for and elects to receive state revenue sharing. BACKGROUND AND POLICY IMPLICATIONS: Oregon law identifies the process by which public agencies develop, approve and adopt a budget. On May 21, 2015, the Budget Committee approved the biennial budget for 2015-2017. It also set the tax rate and amounts for debt service for both years of the biennium. The biennial budget for the City provides appropriations and expenditure authority for a two-year period. However, the Council must elect to levy taxes annually, although it cannot levy an amount greater than what has been approved by the Budget Committee in either year of the biennium without going through a prescribed public process prior to beginning the biennium. The supporting documents are consistent with the Committee's approval although Council could choose to lower the amount or rate to levy below what was approved by the Committee. Also, Council must certify that the City qualifies for subventions (revenues shared by the state) by resolution each year. Additionally, Council annually adopts a resolution electing to receive an apportionment of the Oregon Department of Administrative Services general fund revenues derived from taxes imposed as part of state revenue sharing. These are both necessary steps for the second half of the 2015-2017 budget process. Page 1 of 2 1ALL' CITY OF ASHLAND FISCAL IMPLICATIONS: Since the Council adopted the biennium budget last year and this proposal is to levy taxes and ratify other revenues consistent with that approval, there are no additional implications of this action. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of the accompanying two resolutions and first reading by title only of the ordinance. SUGGESTED MOTIONS: I move to approve a resolution titled, "Resolution Certifying City Provides Sufficient Municipal Services to Qualify for State Subventions," and I move to approve a resolution titled, "A Resolution Declaring the City's Election to Receive State Revenues," and I move to approve first reading by title only of an ordinance titled, "An Ordinance Levying Taxes for the Period of July 1, 2016 to and Including June 30, 2017, Such Taxes in the Sum of $11,088,369 Upon All the Real and Personal Property Subject to Assessment and Levy Within the Corporate Limits of the City of Ashland, Jackson County, Oregon" and move to second reading. ATTACHMENTS: 1) Resolution certifying City qualifies for state subventions 2) Resolution declaring City elects to receive state revenue 3) Certification of election to receive state revenue 4) Ordinance to levy property taxes Page 2 of 2 1prilill RESOLUTION 2016- A RESOLUTION CERTIFYING THAT THE CITY OF ASHLAND PROVIDES THE FOLLOWING FOUR OR MORE MUNICIPAL SERVICES ENUMERATED SECTION 1, ORS 221.760; RECITALS: A. ORS 221.760 provides as follows: Section 1. The officer responsible for disbursing fund to cities under ORS 323.455, 366.785 to 366.820 and 471.805 shall, in the case of a city located within a county having more than 100,000 inhabitants according to the most recent federal decennial census, disburse such funds only if the city provides four or more of the following services: 1. Police protection 2. Fire protection 3. Street construction, maintenance, lighting 4. Sanitary sewer 5. Storm sewer 6. Planning, zoning and subdivision control 7. One or more utility services B. City officials recognize the desirability of assisting the state officer responsible for determining the eligibility of cities to receive such funds in accordance with 221.760. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Section 1. The City of Ashland hereby certifies that it provides the following municipal services enumerated in ORS 221.760(1): 1. Police protection 2. Fire protection 3. Planning 4. Street construction, maintenance, lighting 5. Storm sewer 6. Water 7. Sanitary sewer 8. Electric distribution This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of June, 2016. Barbara Christensen, City Recorder Page 1 of 2 SIGNED AND APPROVED this day of June, 2016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 2 of 2 RESOLUTION 2016- A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES RECITALS: The City must annually adopt a resolution electing to receive an apportionment of the Oregon Department of Administrative Services General Fund revenues derived from tax imposed on the sale of liquor as part of State Revenue Sharing. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: Pursuant to ORS 221.770, the City hereby elects to receive state revenues for fiscal year 2016-2017 This resolution takes effect upon signing by the Mayor. This resolution was duly PASSED and ADOPTED this day of June, 2016. Barbara Christensen, City Recorder SIGNED AND APPROVED this day of June, 2016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 2 A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE REVENUES I certify that a public hearing before the Budget Committee was held on May 15, 2015 and a public hearing before the City Council was held on June 7, 2016, giving citizens an opportunity to comment on use of State Revenue Sharing. Barbara Christensen, City Recorder Page 2 of 2 ORDINANCE NO. AN ORDINANCE LEVYING TAXES FOR THE PERIOD OF JULY 1, 2016 TO AND INCLUDING JUNE 309 2017, SUCH TAXES IN THE SUM OF $11,088,369 UPON ALL THE REAL AND PERSONAL PROPERTY SUBJECT TO ASSESSMENT AND LEVY WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON THE PEOPLE OF THE CITY OF ASHLAND ORDAIN AS FOLLOWS: Section 1. That the City Council of the City of Ashland hereby levies the taxes provided for in the adopted budget in the permanent rate of $4.1972 per thousand an amount estimated to be $10,573,060 and voter authorized $515,309 for the repayment of General Obligation Debt and that these taxes are hereby levied upon the assessed value for the fiscal year starting July 1, 2016, on all taxable property within the City. Section 2. That the City Council hereby declares that the taxes so levied are applicable to the following funds: Permanent Rate Local Option Bonded Debt Per $ 1,000 General Fund - Operations $ 10,573,060 4.1972 2005 GO Bonds $ 295,650 2011 GO Bonds - Fire Station #2 219,659 $ 10,573,060 $ - $ 515,309 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 i , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 1 of 1 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting Resolution Referring to the Voters of Ashland the question of Urging the Oregon Legislature to Refer to Voters a Measure Creating a Publicly Funded Health Care System in Oregon FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY Councilor Voisin has requested a resolution to place on the November 2016 ballot a measure to urge the 2017 Oregon Legislature to refer to a state-wide ballot a measure creating a publicly funded health care system in Oregon. BACKGROUND AND POLICY IMPLICATIONS: Councilor Voisin was contacted by the citizen organization, Health Care for All Oregonians, requesting a resolution be placed on the November 2016 ballot by the Ashland City Council to request that the Oregon Legislature refer to a future ballot a measure creating a publicly funded health care system in Oregon. Per AMC 2.04.030, "Any Councilor may place any item on the Council's business meeting agenda provided that preparing the matter for Council consideration does not require more than two hours of staff time, including policy research and document drafting. The addition proposed by a Councilor for the agenda of a particular upcoming business meeting must be delivered to the City Administrator no later than noon of the Wednesday prior to that Council meeting. The City Administrator shall determine the order of business of the item. The Mayor may defer the item until a later meeting if the agenda of a particular meeting is already lengthy or if, in the Mayor's sole judgment, the matter is not time-sensitive, but in no case shall the Mayor defer the item to an agenda that is more than three months beyond the date requested by the Councilor submitting the item. Council members will endeavor to have subjects and any materials they wish considered submitted prior to finalization of the Council packet." COUNCIL GOALS SUPPORTED: 1. Leverage our regional and state relationships to increase effectiveness in relevant policy arenas FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: N/A SUGGESTED MOTION: I move approval of the resolution titled, "A resolution of the City of Ashland, Jackson County, Oregon, Page 1 of 2 IL411 CITY OF ASHLAND to submit to Ashland electors at the November 8, 2016 General Election an advisory question on instructing the 2017 Oregon Legislature to create a transparent public process to design a system that provides timely access to affordable comprehensive health care for all Oregon residents, ensures choice of provider, has effective cost controls, equitable access, and a focus on preventative care" ATTACHMENTS: Memo for Mayor Stromberg dated June 1 Draft resolution Page 2 of 2 ~r Cover Memo From: Mayor To: City Council Date: June 1, 2016 Subj : Healthcare agenda item for June 7, 2016 Councilors - At your May 17th meeting you discussed an agenda item proposed by Councilor Voisin titled, "Resolution Referring to the Voters of Ashland the question of Urging the Oregon Legislature to Refer to Voters a Measure Creating a Publicly Funded Health Care System in Oregon and continued it to our June 7th meeting. I wasn't able to attend the May 17th meeting but had already started working with Joe Graf on clarifying the included Resolution and its Exhibit A (language for a proposed ballot measure). When I returned from out of town I met with Joe and Sandra Coyner, learned that Councilor Marsh had been involved in similar conversations with the two of them - and so I got in touch with Pam and the two of us coordinated our efforts. The end result is a different Resolution and different Exhibit A, both of which have been approved by Sandra and Joe as clarifying their original intent and that of the group they represent. I have invited Sandra to make an oral presentation to the Council when the continued item comes up and, in the meantime, am attaching a revised version of the original CC to go in the June 7th packet. The revised CC is actually a hybrid: the 'front' part is identical to the May 17 version but when you get to "SUGGESTED MOTION;" everything that follows is the revised Resolution and revised Exhibit A. The revised Resolution is entitled, RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, TO SUBMIT TO ASHLAND ELECTORS AT THE NOVEMBER 8, 2016 GENERAL ELECTION AN ADVISORY QUESTION TO ENCOURAGE THE 2017 OREGON LEGISLATURE TO DESIGN AN IMPROVED COMPREHENSIVE HEALTHCARE SYSTEM FOR ALL OREGON RESIDENTS, THAT WOULD ENSURE CHOICE OF PROVIDER; HAVE EFFECTIVE COST CONTROLS; PROVIDE TIMELY AND EQUITABLE ACCESS; EMPHASIZE PREVENTION AND BE AFFORDABLE FOR FAMILIES, BUSINESSES, AND SOCIETY." (You may have to skip a blank page or two, an artifact of the hybrid process - but this specific document has been approved by Sandra and Joe.) That's all the 'splaining'. If you have any questions please email me and I will reply to the entire Council. See you Tuesday. John RESOLUTION NO 2016 - RESOLUTION OF THE CITY OF ASHLAND, JACKSON COUNTY, OREGON, TO SUBMIT TO ASHLAND ELECTORS AT THE NOVEMBER 89 2016 GENERAL ELECTION AN ADVISORY QUESTION TO ENCOURAGE THE 2017 OREGON LEGISLATURE TO DESIGN AN IMPROVED COMPREHENSIVE HEALTHCARE SYSTEM FOR ALL OREGON RESIDENTS, THAT WOULD ENSURE CHOICE OF PROVIDER; HAVE EFFECTIVE COST CONTROLS; PROVIDE TIMELY AND EQUITABLE ACCESS; EMPHASIZE PREVENTION AND BE AFFORDABLE FOR FAMILIES, BUSINESSES, AND SOCIETY RECITALS: A. The City Council of the City of Ashland, Jackson County, Oregon (the "City") has the authority to submit to electors at duly scheduled elections advisory questions on matters of interest to the City regardless of whether they are beyond the scope of the City's power to enact legislation. B. Ashland residents are directly affected by Oregon laws regarding the provision and financing of health care to Oregonians. C. The Oregon Legislature in chapter 712, Oregon laws 2013, required the Oregon Health Authority to conduct a study in accordance with certain criteria set forth in the legislation, and then recommend the best option for financing health care in the state. The study was funded by HB2828 in the 2015 session and is to be completed in time for the 2017 session. D. The City Council wishes to afford the voters of Ashland the opportunity to decide whether to encourage the 2017 Oregon Legislature to design and improved comprehensive healthcare system for all Oregon residents. This healthcare system would ensure choice of provider; have effective cost controls; provide timely and equitable access; emphasize prevention and be affordable for families, businesses, and society. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION L At the November 8, 2016 election, the advisory question in the ballot title in the attached Exhibit A shall be submitted to the electors of Ashland for their "yes" or "no" vote. SECTION 2. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, not later than 61 days prior to the November 8, 2016 election notice of the City's referral of the advisory ballot question and all that is required to ensure that the ballot title as shown in Exhibit A complies with County and State requirements for submittal to Ashland electors in the November 8, 2016 election. Resolution No. 2015- Page 1 of 3 SECTION 3. The City Recorder shall give notice of receipt of the ballot title and notice of electors' right to petition for review of the ballot title as provided in the laws of the State of Oregon and the charter and ordinances of the City of Ashland. SECTION 4. The City Attorney is authorized to modify the text of the ballot title and explanatory statement shown in Exhibit A to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirements of Oregon law. This resolution is effective upon signing by the Mayor. PASSED and ADOPTED this day of , 2016. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Resolution No. 2015- Page 2 of 3 EXHIBIT "A" City of Ashland Ballot Measure November 8, 2016 General Election: Advisory Question on Implementation of Oregon Health Care Study Caption: Support Legislature's efforts for significant improvement in Oregon's healthcare system. Total 10 words (10 words permitted per ORS 250.035) Question: Shall Ashland voters encourage the 2017 Oregon Legislature to design an improved comprehensive health care system for Oregon? Total 18 words (20 words permitted per ORS 250.035 20) Summary: The Ashland City Council has placed this advisory question on the ballot to determine whether a majority of Ashland voters wish to encourage the 2017 Oregon Legislature to design an improved comprehensive healthcare system for all Oregon residents. This healthcare system would ensure choice of provider; have effective cost controls; provide timely and equitable access; emphasize prevention and be affordable for families, businesses, and society. The outcome of the election on this advisory question will not be binding; it will, instead, serve to inform the Oregon Legislature of the views of a majority of Ashland voters. Total 96 words (175 words permitted per ORS 250.035) Explanatory Statement: The Oregon Legislature in chapter 712, Oregon laws 2013, required the Oregon Health Authority to conduct a study in accordance with certain criteria set forth in the legislation, and then recommend the best option for financing health care in the state. The study was funded by HB2828 in the 2015 session and is to be completed in time for the 2017 session. A "yes" vote on the advisory question would encourage the 2017 Legislature to utilize the results of the study authorized in 2013 and 2015 to design a system that provides timely access to comprehensive health care for all Oregon residents, ensures choice of provider, and has effective cost controls, equitable access, and a focus on preventative care. A "no" vote would not encourage the 2017 legislature to design a system that provides timely access to comprehensive health care for all Oregon residents, ensures choice of provider, and has effective cost controls, equitable access, and a focus on preventative care. Total 161 words (500 words permitted per ORS 250.035) Resolution No. 2015- Page 3 of 3 CITY OF ASHLAND Council Communication June 7, 2016, Business Meeting First reading of an ordinance modifying the Verde Village subdivision's Development Agreement to allow changes to the property lines, building envelopes, number of attached and detached units, approved landscaping plan, and approved public/private space plan for Phase II, the single family portion of the subdivision. FROM: Derek Severson, Associate Planner, derek.seversongashland.or.us SUMMARY The ordinance being presented to the City Council for first reading would modify the Verde Village Subdivision's Development Agreement to allow changes to the property lines, building envelopes, number of detached and attached units, approved landscaping plan, and approved public/private space plan for Phase II, the single family portion of the Verde Village Subdivision. The public/private space plan delineated those portions of the common area which were to have landscaping maintained by the homeowners' association, single family passive open space and play areas, and privately-maintained landscaped spaces adjacent to the homes. No other changes to the Development Agreement or associated timeline are requested, and requirements such as the applicants' installation of the extension of the multi-use path, extension of a sidewalk on the north side of Nevada Street from Helman to Oak Street and treatment of the wetland and riparian areas in conjunction with Phase II all remain unchanged with the current request. BACKGROUND AND POLICY IMPLICATIONS The Verde Village Subdivision was approved by the City Council in 2007, and included a land exchange between the applicants and the city, an Annexation, Comprehensive Plan and Zoning Map Changes, and a number of land use approvals which were included in a Development Agreement between the City and the applicants and adopted by ordinance. The applicants have requested the following modifications of the approved subdivision plan (i.e. Outline Plan): • Property Lines. The approved Outline Plan did not include lot lines for 25 of the 28 proposed single family residences, and simply identified conceptual house footprints on a larger common property. The applicants are requesting to add clear property line boundaries to delineate ownership and avoid confusion between property owners. • Building Envelopes. The approved Outline Plan did not include building envelopes but instead showed conceptual house footprints. The applicants are requesting to instead identify building envelopes within the property lines to identify the limits of where a home might be built on each site, subject to other considerations such as lot coverage and solar access, to provide owners some flexibility in designing and placing homes within the identified envelopes. Page 1 of 5 ~r CITY OF ASHLAND • Number of Detached and Attached Units. The original Outline Plan identified six attached units. The current proposal reduces this to four, noting that this would provide for more of a mixture of housing types within the subdivision. • Open Space Treatment. The original Outline Plan included a Landscaping Plan and a Proposed Public/Private Space Plan that delineated those portions of the common area which were to be landscaped areas managed by the owners' association, single family passive open space and play areas, and privately-maintained landscaped areas adjacent to the individual homes. The applicants suggest that there is no clear indication in the Outline Plan indicating the purpose of the site's open spaces and that it appears to be partially planted and unplanted passive open space with no trails or central focus points for neighborly interaction apparent. They suggest that it was unclear whether this space was to be public or private, and that it was unclear how wall, window and door placement adjacent to open space was to be treated to determine whether the homes turned their backs onto the open space. The applicants propose to define the plantings for the project open spaces, and to grant a public easement over the path through the open space. A small focal point is proposed to anchor the large central space and provide a neighborhood interaction point. The applicants suggest that building envelopes will have standard rear yard setbacks to reduce building massing around the open space, and fence height restrictions would be included in the CC&R's to limit fence heights to four feet so that the common open space areas would retain a sense of openness. Overall, the applicants contend that the proposed modifications to the treatment of the open space areas provide more open space than originally planned and do so in a more useable manner with homes that now face the open space and the street and provide eyes on the open space for a comfortable, enjoyable recreational experience. • Maximum House Size. The original Outline Plan included conceptual plans for ten conceptual home designs ranging from 1,450 square feet to 2,581 square feet in size. There was a condition that the homes would not exceed 2,500 square feet. This condition did not explicitly speak to whether the garage areas were to be included in the square footage calculations. The current request seeks to clarify that each home would be limited to no more than 2,500 square feet not including arg ges or porches. The applicants suggest that only a few of the homes would likely broach this level, but they desire the flexibility in design in order to offer a variety of house types and sizes to remain competitive in the marketplace. The Planning Commission approved this component of the request, but an additional limitation proposed by the applicants was added through the hearing to limit garages to no more than 540 square feet per home. • Solar Access Requirements. The original approval required that all homes comply with Solar Access Standard A and cast no more shadow than would be cast by a six-foot fence on the north property line. Rather than applying the solar access requirements based on the property lines proposed, the applicants proposed to address solar access in terms of a hypothetical six- foot fence built six feet from the south wall of each home. This is similar to shading that has been allowed in other Performance Standards developments, such as the Millpond Subdivision. The applicants emphasize that the subdivision's original efforts to maximize solar orientation would remain unchanged; that they would provide Earth Advantage® Platinum homes (where only Gold is currently required) that are Photo-Voltaic Ready with conduit and circuit breakers installed; that homes would be designed with optimum roof pitch and area for solar, and include an identified solar reserve area on building plans; and that an outlet with a 240-watt circuit breaker would be provided in each garage to accommodate an electric car charger. The Planning Commission had concerns with the potential impact on passive solar design flexibility Page 2 of 5 ILAII CITY OF ^AS H LA N D for homes and on preserving solar access to yard areas, and ultimately denied this component of the request in favor of requiring outright compliance with the Solar Access ordinance. Because these modifications alter the approved Outline Plan, modification of the subdivision's Development Agreement is required. Any modification of the Development Agreement must be adopted by ordinance. The current request proposes to modify the building envelopes and open space areas in Phase II to create a more marketable development, and in so doing redefines the delineation of association- maintained landscape areas, passive open space and play areas, and privately-maintained landscaping near the homes envisioned with the original Verde Village's Proposed Public/Private Space Plan. During the Planning Commission hearing, staff raised concerns that this redefinition changed the development's fundamental approach to site planning, resulting in a more conventional subdivision with larger homes and more enclosure of the open space instead of a community of moderately-sized homes clustered around an open, common green with a more open, fluid edge. Staff noted particular concern with significant reductions in side yard areas between residences, especially for those lots abutting the Ashland Creek corridor and the public multi-use pathway extension, as this could result in the elimination of the generous view corridors designed to provide a visual connection to the natural area beyond. The original application noted among its "Project Goals and Design Values" the creation of community by design. The application materials provided noted that the "curving and linked nature of the streets combined with the bio-swales, open space and extensive street tree planting encourage walking bicycling and socialization (Verde Village Revised Outline Plan submittal, Revised 10-24-07, Page 61)." In considering the original building placement, staff notes that while the garages in some places were within 15 feet of another building, these were small spaces that were often offset or placed at an angle while the larger living spaces between units were often nearer to 30 feet apart. As proposed, the envelopes take away the original control intended to create community by design, and instead provide for design according to owner preference which could place larger areas of living space within 12 feet of each other, and which would allow for full height side yard fences between these homes. Staff s concerns are that, while the modifications proposed could still allow for the open fluid edge between units with view corridors through to open space and the creek corridor they don't provide the same assurances that these will be maintained as provided by the originally approved house footprints. In staff s view, the modifications proposed take away the certainty of the original "community by design" concept that was one of the original design values underlying the proposal originally approved by Council. The neighborhood design negotiated through Ashland's discretionary Annexation process and presented in the original Outline Plan approval embraced the architectural and site planning creativity sought in the Land Use Ordinance's Performance Standards Option Chapter. The result was a neighborhood plan layout that was open and airy, focusing on spacious yard areas and open spaces central to the project and surrounding residences. The approved Development Agreement calls for the Final Plan to speak to community access and usability of the open space, and staff believes it is important that the change from the more fluid, open common green of the original proposal to a more conventional, enclosed treatment of the open space proposed be carefully considered. Page 3 of 5 CITY OF ASHLAND The Planning Commission reviewed and approved the proposed changes as being in keeping with the approval criteria for Outline and Final Plan approval with attached conditions. The applicant also requested some flexibility under the Performance Standards Options Chapter with regard to allocating lot coverage to individual lots from the open space and in applying the solar access requirements, but the Planning Commission ultimately determined that these requests were not in keeping with the purpose and intent of the Performance Standards Options Chapter. While the Planning Commission determined that the proposal satisfied the applicable land use criteria, they believed that the modifications requested touched on larger issues raised by staff relating to "implied or expressed assumptions and understandings" underlying the original approval of the Verde Village Subdivision and Development Agreement, and they felt that these issues were policy decisions best left to Council for careful consideration. COUNCIL GOALS SUPPORTED The Verde Village Subdivision is in keeping with the Council's Goal 13 "Develop and support land use and transportation policies to achieve sustainable development. " The development is well- situated relative to the existing transportation system; schools, recreation and shopping are within walking and cycling distance; there is a good mix of unit types and sizes, including the already-built affordable units in Rice Park at Verde Village; and all homes in both phases are required to be built to Earth Advantage/Photovoltaic Ready standards. As approved by the Planning Commission, the homes in Phase II are required to be constructed to Earth Advantage Platinum Standards, be Photovoltaic Ready, be designed with optimum roof pitch and area for solar and include an identified solar reserve area on building plans, and include electrical vehicle charging stations in each garage. In the end, Verde Village will include a mix of energy efficient homes in a variety of sizes and types, including the affordable townhomes in Rice Park at the northwest corner of the site, cottages (for which infrastructure installation is underway and construction nearly ready to begin) and the attached and detached single family homes in Phase II under consideration here. FISCAL IMPLICATIONS N/A RECOMMENDATION AND REQUESTED ACTION Should the Council determine that the changes proposed are acceptable, staff recommends that the Council approve first reading of the ordinance. Should the Council determine that the changes proposed are not in keeping with important elements represented in the original vision of the Verde Village Subdivision which lead to the approval of the Annexation, Comprehensive Plan and Zoning Map Changes, and associated land use approvals bundled in the Development Agreement, the Council may wish to direct the applicants to make specific modifications to the proposal, or to impose specific conditions, such as requiring greater side yard setbacks and/or limiting fence heights between buildings to maintain larger view corridors. SUGGESTED MOTION Move to approve first reading by title only of the ordinance titled, "An Ordinance Modifying the Verde Village Subdivision's Development Agreement to Allow Changes to the Property Lines, Building Envelopes, Number of Attached and Detached Units, Approved Landscaping Plan, and Approved Public/Private Space Plan for Phase II, the Single Family Portion of the Subdivision," and move it on to second reading. Page 4 of 5 P. ~r CITY OF ASHLAND ATTACHMENTS 1. Proposed Ordinance 2. Exhibit A: Sixth Amendment to the Verde Village Development Agreement to Reflect Council- Approved Modifications to the Agreement 3. Exhibit B: Revised Exhibit E, Verde Village Special Conditions 4. Exhibit C: "Bldg. Envlps. w/Overlay" Map 5. Exhibit D: "Verde Village Phs. II Proposed Landscape Plan." 6. Record of the Planning Commission Decision (Findings, Minutes, Public Notice, Staff Reports, Exhibits, and Applicants' Submittals) Page 5 of 5 ILAII ORDINANCE NO. AN ORDINANCE MODIFYING THE VERDE VILLAGE SUBDIVISION'S DEVELOPMENT AGREEMENT TO ALLOW CHANGES TO THE PROPERTY LINES, BUILDING ENVELOPES, NUMBER OF DETACHED AND ATTACHED UNITS, APPROVED LANDSCAPING PLAN, AND APPROVED PUBLIC/PRIVATE SPACE PLAN FOR PHASE 11, THE SINGLE FAMILY PORTION OF THE SUBDIVISION. Annotated to show de et o s and additions to the code sections being modified. Deletions are bold lined through and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, on February 5, 2016 after many hearings and amendments, Urban Development Services on behalf of WILMA LLC requested modifications of the Development Agreement for the Verde Village Subdivision for the properties located at 87 W. Nevada Street and 811 Helman Street. The requested modifications include changes to the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase II, the single family portion of the Verde Village Subdivision; and WHEREAS, on May 10, 2016 the City of Ashland Planning Commission considered the above- referenced request for modifications to the Verde Village Subdivision Development Agreement, associated modifications of the Outline Plan, and request for Final Plan approval; and approved the modifications of the Outline Plan and the Final Plan. Given the belief that the proposed changes were significant and in some cases implicated broader policy issues, the Planning Commission felt the Council was best suited to interpret the intentions of the original Development Agreement in assessing whether or not to approve the applicant's requested modifications. WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing Ordinance No. Page 1 of 3 on the above-referenced request for modifications to the Development Agreement on June 7, 2016; and WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has found and determined that the requested modifications of the Verde Village Subdivision's Development Agreement are in the best interest of the public health, safety and welfare of the City of Ashland; meet a public need and provide a public benefit; and are consistent with all applicable City of Ashland laws and ordinances. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The City of Ashland declares the approval and adoption of the requested modifications to the original Verde Village Development Agreement, said modifications being attached to this Ordinance as Exhibit A, Sixth Amendment to the Verde Village Development Agreement to Reflect Council-Approved Modifications to the Agreement; Exhibit B, "Revised Exhibit E, Verde Village Special Conditions"; Exhibit C, "Exhibit G. Bldg. Envlps. w/Overlay"; and Exhibit D, "Exhibit H. Verde Village Phs. II Proposed Landscape Plan." These exhibits are made a part hereof by this reference. SECTION 3. The adoption of this Ordinance declaring approval of the proposed modifications to the Verde Village Subdivision Development Agreement and associated amendments to the timetable are fully supported by evidence contained in the whole record, which is incorporated herein by this reference. SECTION 4. The Ordinance shall be effective after execution of the Sixth Amendment to Verde Village Development Agreement to Reflect Council-Approved Modifications to the Agreement in Exhibit A by both the City and WILMA LLC, but not earlier than thirty (30) days after the second reading of this Ordinance and signature by the Mayor. SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder Ordinance No. Page 2 of 3 SIGNED and APPROVED this day of 12016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Ordinance No. Page 3 of 3 Exhibit A SIXTH AMENDMENT TO VERDE VILLAGE DEVELOPMENT AGREEMENT TO REFLECT COUNCIL-APPROVED MODIFICATIONS TO THE AGREEMENT THIS SIXTH AMENDMENT is made and entered into this day of 2016, by and between the City of Ashland, a municipal corporation of the State of Oregon, (hereinafter referred to as "City"), and WILMA, LLC, an Oregon Limited Liability Company, (hereinafter referred to as "WILMA"). Whereas, on December 18, 2007, the City of Ashland approved Ordinance No. 2945 granting approval to the Verde Village Development Agreement, a land use decision; and Whereas, on July 17, 2009 Planning Director Bill Molnar approved and executed the First Amendment to the Verde Village Development Agreement, approving a 12-month administrative timetable extension as contemplated in Exhibit F of the original Development Agreement; and Whereas, on March 2, 2010, the Ashland City Council adopted Ordinance No. 3007, the Recession Extension Ordinance, which ordinance created a ministerial process for the Planning Director to grant current planning actions a 12-month timetable extension in recognition of the difficult financial market. Whereas, on April 9, 2010, WILMA LLC requested an extension for the entire project in accordance with the Recession Extension ordinance. Whereas, on June 6, 2010, the requested Amendment to the Development Agreement to extend the timetable was approved administratively by the Director in accordance with the Recession Extension Ordinance; Whereas, on April 2, 2013, WILMA LLC requested an extension for the entire project in accordance with the allowances of the original development agreement and the Oregon Revised Statutes. Whereas, on June 4, 2013, the Ashland City Council adopted Ordinance No. 3082 which amended the timetable for the entire project. Whereas, on January 10, 2014, WILMA LLC requested modifications of the development agreement and timetable to clarify project phasing, alter the energy efficiency requirements for the development and make changes to the landscaping and maintenance requirements associated with the construction of a multi-use path in the riparian corridor. Whereas, on April 1, 2014, the Ashland City Council adopted Ordinance No. 3092 which amended the development agreement and timetable for the entire project. Whereas, on May 1, 2015, Urban Development Services LLC on behalf of WILMA LLC requested modifications of the development agreement and timetable to allow partitioning the Ordinance No. Exhibit A Page 1 of 3 Exhibit A property to be consistent with the approved phasing plan; adjusting the property lines for Lots #349 and #15-#17; modifying the approval with regard to the timing of the installation of landscaping, irrigation, and open space improvements in Phase I; and modifying Exhibit E, Condition #30 of the approved Development Agreement as it relates to the construction and timing of street improvements for both Perozzi Street and Almeda Drive. Whereas, on August 4, 2015 the Ashland City Council adopted Ordinance No. 3110 which amended the development agreement and timetable for the entire project. Whereas, on February 5, 2016 Urban Development Services on behalf of WILMA LLC requested modifications of the development agreement to change the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase 11, the single family portion of the subdivision. Whereas, on June 21, 2016 the Ashland City Council adopted Ordinance No. which amended the development agreement for Phase 11 of the project. NOW THEREFORE, the Verde Village Development Agreement is hereby amended as follows: I. The above recitations are true and correct and are incorporated herein by this reference; and 2. The Development Agreement is hereby amended to reflect modifications of the development agreement to change the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase 11, the single family portion of the subdivision, as follows: a. Exhibit E, Verde Village Special Conditions, is hereby replaced in its entirety by a Revised Exhibit E, attached hereto and made a part hereof by this reference. b. Exhibit G, "Sheet A] 7. Phase II, Outline Plan Modification - Bldg. Envlps. w/Overlay" is adopted as a new exhibit, attached hereto and made a part hereof by this reference. c. Exhibit H, "Sheet L1. Verde Village Phs. II Proposed Landscape Plan" is adopted as a new exhibit, attached hereto and made a part hereof by this reference. 3. All other provisions of the Verde Village Development Agreement, not inconsistent with the above changes remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Amendment shall be the date on which this Agreement was executed by all parties. Ordinance No. Exhibit A Page 2 of 3 Exhibit A WILMA LLC CITY OF ASHLAND By: By: Gregory D. Williams, Managing Member John Stromberg, Mayor Date: Date: Approved as to Form: Approved as to Form: John Blackhurst, David Lohman, Attorney for OWNER/DEVELOPER City Attorney STATE OF OREGON ) County of Jackson ) The foregoing instrument was acknowledged before me this day of 2016, by Gregory D. Williams, as Managing Member and authorized agent of Wilma, LLC. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) County of Jackson ) The foregoing instrument was acknowledged before me this _ day of _ 2016, by John Stromberg, as Mayor and authorized agent for the City of Ashland pursuant to Ordinance # Notary Public for Oregon My Commission Expires: Ordinance No. Exhibit A Page 3 of 3 Exhibit B REVISED EXHIBIT E VERDE VILLAGE Special Conditions 1) Affordable Housing Requirements. A deed restriction shall be recorded for the town home portion of the development specifying the land is required to be developed as affordable units in accordance with AMC 18.06.030.G(5) and in conformance with the approval of PA 2006-01663. The deed restriction shall require the affordable units to remain affordable per Resolution 2006-13 for a 60 year period from initial occupancy. The town home area shall be serviced with all needed public facilities. The deed restricted land shall be dedicated to a non-profit (IRC 501(3)(c)) affordable housing developer or comparable Development Corporation with proof of the dedication and deed restriction being presented to the City of Ashland Housing Program Specialist prior to issuance of a building permit for the development of the first market rate residential unit. The deed for the land conveyed for affordable housing purposes shall include a reverter to the Owner or deed restriction requiring conveyance of the property to the City of Ashland if the affordable housing development is not fully developed in accordance with the approval of PA 2006-01663 within five years of this approval, unless administratively extended pursuant to Exhibit F. In the event the property reverts to the Owner the Owner shall thereafter convey the property, without encumbrances, to the City of Ashland,, for affordable housing purposes. City may accept or reject the offer, but the owner shall not be relieved of the obligation to convey the property to another approved provider of affordable housing. All the affordable housing units shall be Net Zero Energy Ready as provided in Condition 12 below. 2) Annexation Sequence. The sequence is set forth in Section 16 of this Agreement. Property comprising Phase I shall be annexed first. The land dedicated to the City for parks purposes adjacent to Ashland Creek shall be annexed second. Following such Park annexation, Phase II of the project (single-family development) may be annexed. 3) Applicant's Proposals: The applicant agrees that Project shall be constructed to the standards as proposed in the application, and as finally approved by the Council, including supporting documentation as entered into the record. All proposals of the applicant are conditions of approval for purposes of enforcement. Ordinance No. Exhibit B Page I of I I Exhibit B 4) Archaeological Artifacts: In the event of discovery of archaeological artifacts during project construction, the Owner shall stop construction in that area and notify the City and the State of Oregon. Proper protection and/or relocation of artifacts, to the satisfaction of State and Local approval authorities shall be provided by the Owner, prior to recommencement of construction. 5) Ashland Creek Riparian Corridor Enhancement and Mitigation. tion. The Owner shall be solely responsible for the restoration and enhancement of the area of the Riparian Corridor that is disturbed in the construction of the multi-use path and four (4) feet on either side of the multi-use path, to be conveyed to the City as part of the land exchange. A mitigation plan prepared by a riparian biologist or a natural resource professional with training and experience in biology, ecology or related fields for the impact of the construction of the multi-use path in the riparian corridor and to address the 10-foot wide riparian corridor buffer. The riparian corridor buffer is the setback between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25 -39, and is delineated as common area in the application materials. Disturbed areas from the multi-use path construction shall be re-vegetated and an additional area restored and enhanced with local source native plant material including ground cover, shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities installed. The mitigation plan shall include but not be limited to a statement of objectives, measurable standards of mitigation, an assessment of riparian corridor functions and values, a statement and detail plan of the location, elevation and hydrology of the mitigation area, a planting plan and schedule, a monitoring and maintenance plan, a contingency plan and performance guarantees. The applicants shall install the mitigation measures in the approved mitigation plan in conjunction with the multi-use path installation. The Final Plan application shall include a mitigation plan (see contract required plant materials). The Contract for Installation of Plant Materials with Security acceptable to the City Attorney and Planning Director shall be submitted for restoration and enhancement consistent on or before the commencement of construction as specified in the Timetable of Development. 6) Boundary Description. A final boundary description and map shall be prepared in accordance with ORS 308.225. A registered land surveyor shall prepare the description and map. The boundaries shall be surveyed and monuments established as required by statute subsequent to Council approval of the proposed annexation. Ordinance No. - Exhibit B Page 2 of 1 I Exhibit B 7) Covenants Conditions and Restrictions. A draft copy of the CC&R's for the homeowners association(s) shall be provided at the time of Final Plan application. Lots 65 - 68 shall be included in a homeowners association and subject to all subdivision requirements. CC&R's shall describe responsibility for the maintenance of all common area and open space improvements, parkrows and street trees. CC&R's shall provide reciprocal easements for residents of the various homeowners associations (i.e. cottages, town homes and single-familly residential) to access and use all of the project open spaces. CC&R's shall note that any deviation from the Tree Protection Plan must receive written approval from the City of Ashland Planning Department. The CC&R's shall identify the units which are subject to the City's Affordable Housing requirements and terms of affordability. The CCRs shall include reference to the administrative enforcement provisions of this agreement and the ability of the City to enforce and assess the association for the maintenance of common areas, including the association's responsibilities for maintenance of the storm water areas offsite. The Final Plan submittal shall address the usability, including Verde Village community access, of the private open spaces. Usability shall be specifically addressed for the two small open spaces in the town home area (550 sf and 700 sf), one small open space in the cottage area (1,300 sf) and the one small open space adjacent to the alley 1,310 sf). Layout and landscaping of the open spaces as well as any improvements such as play equipment shall be detailed in the Final Plan submittals. 8) Curb-Cut Compliance. The Final Plan application shall include revised and corrected driveway curb-cuts for units 45 and 46 - spaced at least 24- feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. 9) Easements: Buildings or permanent structures shall not be located over easements, including but not limited to the sanitary sewer pressure line easement. 10) Endangered Species: In the event that it is determined that any representative of a protected plant or animal species pursuant to the federal, state, regional or local law, is resident on or otherwise is significantly dependent upon the Verde Village property, the Owner shall cease all activities which might negatively affect that individual or population and immediately notify the City of Ashland, State of Oregon and the U.S. Fish and Wildlife Service. Construction may resume when proper protection, to the satisfaction of all agencies, including the City, is provided by the Ordinance No. Exhibit B Page 3 of 11 Exhibit B Owner. 11) Energy Conservation: Earth Advantage Program. A minimum of 53 of the residential units shall qualify in the City of Ashland Earth Advantage program with at least a Gold rating. That a minimum of 53 of the residential units be constructed as Photovoltaic Ready. 12) That the 15 affordable residential units in the subdivision (i.e. town homes) shall meet the application "Net Zero Energy" Performance Standard as outlined in Exhibit K-3 of the Revised Outline Plan, Book III - Narrative revised October 24, 2007, except that the photovoltaic (PV) system is not required to be installed in the affordable units. The affordable unit shall be constructed with the appropriate infrastructure (e.g. wiring, conduit, roof structure) so that a photovoltaic (PV) system can be installed at a later date. 13) Intersection Design: Applicant shall design the pedestrian crossing at the new intersection of Helman St., Almeda Dr. and Nevada St. Pedestrian safety and refugee shall be addressed in the intersection design. Design must be submitted with the Final Plan application. 14) LID Non-remonstrance: Prior to Final Plan Approval, the applicant shall execute a document as consistent with ALUO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Helman Street and to not remonstrate against such District prior to signature of the final subdivision survey plat. Executed documents shall be submitted with the application for Final Plan. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by city ordinances and resolutions in effect at the time 15) Lot Coverage Compliance. The Final Plan application shall include revised and corrected lot coverage calculations in square footage and percentage for each development area (i.e. cottages, town homes and single- family/duplex areas). Any area other than landscaping such as structures, driveways, patios and pervious paving that does not allow normal water infiltration shall be included as lot coverage. 16) Measure 49 Waiver. The applicant expressly agrees to construct the project in accordance with the approved plan and City ordinances and waives the right to file a claim under Oregon Statewide Measure 49. The Ordinance No. Exhibit B Page 4 of I 1 Exhibit B signed waiver shall be submitted to the City of Ashland Legal Department for review and approval prior to signature of the survey plat or adoption of a resolution or ordinance formally annexing the property, whichever is first. 17) Multi-Use Path Improvements. As specified in the approved Timetable of Development, all the multi-use paths shall be constructed according to City Code standards, specifically, paths shall be paved with concrete, asphalt or a comparable all-weather surfacing. Two to four foot wide gravel or planted strips are required on both sides of the multi-use paths in accordance with the Ashland Street Standards. Fencing or retaining walls shall be located two to four feet from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to gravel or landscape materials, and vegetation in excess of six inches in height shall not be placed in the clear distance areas. The transition from Almeda Dr. to the multi-use path, from Canine Way to the multi-use path and from Nevada St. to the multi- use path shall be addressed. Specifically, the preliminary engineering shall address bicycle access from the street grade and provide sufficient turning radius for bicycle navigation. The preliminary engineering plans submitted with the Final Plan application shall include details for the multi- use path improvements and this design. All multi-use path public easements shall be clearly identified on the final survey plat, conveyed, and identified in the project, (with appropriate markings or compliant signage). Easements are required for paths between units 64-65 and adjacent to 39. The project CC&R's shall expressly note that the pathways are for public use and shall not be obstructed or through access restricted unless authorized by the City of Ashland and Ashland Parks Department. 18) Multi-Use Path Revisions: The adjustments to the width and location of the multi-use path in and adjacent to the Ashland Creek riparian corridor shall not affect the width or location of the 10-foot wide setback to buildings and structures or riparian corridor buffer between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25-39 that is delineated as common area in the application materials. The 10-foot wide setback to buildings or structures or riparian corridor shall be located and sized as shown on plans S-1 dated June 8, 2007, S-4 dated June 8, 2007 and P-2 dated July 17 from the application. 19) Open Space Usability. [Planning Commission Condition]. The Final Plan Ordinance No. Exhibit B Page 5 of 11 Exhibit B submittal shall address the usability, including community access, of the open spaces. Usability shall be specifically addressed for the two small open spaces in the town home area (550 sf and 700 sf), one small open space in the cottage area (1,300 sf) and the one small open space adjacent to the alley 1,310 sf). Layout and landscaping of the open spaces as well as any improvements such as play equipment shall be detailed in the Final Plan submittals. 20) Parkin Compliance: The Final Plan application shall include revised and corrected on-street parking placement so that parking spaces are not counted that are within 20 feet measured along the curb of any corner or intersection of an alley or street in accordance with 18.92.025.D. 21) Sidewalk Construction. A sidewalk meeting the requirements of the Ashland Street Standards shall be installed on the north side of Nevada St. from the eastern project boundary to the intersection of Nevada S. to Oak St. Sidewalk design shall be at the discretion of the Staff Advisor in order to address site constraints such as grade and right-of-way width. These sidewalk improvements shall be included in the preliminary street improvement plan included with the Final Plan application. 22) Solar Ordinance Compliance. The Final Plan application shall demonstrate all -new structures comply with the Solar Setback A. or that each home shall receive an equivalent certification by the project architects and mechanical engineers that the shadow height on southern facing exposures will not exceed that allowed under Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Alternatively, the Final Plan application may seek a Variance to solar setback requirements, if applicants can submit architectural and engineering analysis supporting a variance. 23) Storm water Continuing Maintenance Obligation: The Owner, and thereafter, the Association, (or the owners of units in the project in the event the Association is dissolved), shall be responsible for permanent maintenance of both on-site and off site storm water bio-engineered swales and wetland systems. Specifically, the created wetland area and storm water swale system to be constructed with the project and to be located on property exchanged with the City shall remain the maintenance obligation of the Owner, Association, its successors and assigns. Maintenance shall be coordinated and approved by the City Public Works Department and Building Division and shall be performed in accordance with approved plans by licensed contractors, hired by the Association and authorized by City Public Works to enter property for maintenance purposes. Ordinance No. Exhibit B Page 6 of 11 Exhibit B 24) Sworn Statement. Prior to any land clearing, alteration, or physical construction (other than survey work or environmental testing) on a site the property owner and developer, if any, shall execute a sworn statement under penalty of perjury and false swearing, that owner/developer has obtained all required Federal, State, and local authorizations, permits and approvals for the proposed development, including any proposed use, or alteration of the site, including also any off-site improvements. 25) Tree Protection Compliance. The Final Plan application shall address mitigation for the removal of the 25-inch dbh Oak tree (tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007). Mitigation shall meet the requirements of Ashland Land Use Ordinance 18.61.084. A Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the approved Oak tree(tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007) and prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is to inspect the tree to be removed and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. 26) Vision Clearance Compliance. The Final Plan application shall include revised and corrected delineation of vision clearance areas at the intersections of streets and alleys throughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. 27) No Waiver. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. Any matter or thing required to be done pursuant to the requirements of the ordinances of the City of Ashland shall not be amended, modified or waived unless such modification, amendment or waiver is expressly provided for in this Agreement with specific reference to the provisions so modified waived or amended. 28) Wetland Setbacks. A minimum of five feet shall be maintained between Ordinance No._ Exhibit B Page 7 of 1 l Exhibit B the northern pavement edge of the multi-use path and the wetland. The Final Plan application shall address the full width of the path improvement including the base materials and methods to protect the wetland during construction (i.e. sediment fencing). 29) Zoning Compliance. The Final Plan application shall include demonstration that the buildings in the R-1-3.5 zoning district (cottages and town homes) meet the required front yard for the R-1-3.5 zoning district. 30) Phasing. That Phase I and Phase II refer to specific portions of the development, and the applicants shall have the ability to construct Phase II prior to Phase I, or to construct both phases at the same time. If the project is built in a single phase, 24 lots (50 percent of the total number of lots in Phase I and Phase II) would need to meet the timetable for Phase I. If the project is built in phases, whichever phase is constructed first shall include: the construction of Almeda Drive from its current terminus out to Nevada Street. If completed in phases, Almeda Drive shall be completed according to the approved plans, but allowed to be constructed to include full-width paving, curbs and gutters on both sides (unless an alternative curb and gutter treatment on the Phase II side is approved by the Public Works Director), sidewalks and parkrow planting strips with street trees on the phased side, with the street's remaining sidewalks and parkrow planting strips and street trees to be built with the remaining phase. Perozzi Street from Almeda to the Dog Park, shall be constructed with Phase II according to the approved plans (including street signs, paving, curbs, gutters, sidewalks and parkrow planting strips with street trees on both sides), inspected and approved prior to the construction of any home. If Phase I is completed first, temporary street connections to both the Dog Park and Rice Park Townhomes shall be completed in the Preliminary Layout, Thornton Engineering, Sheet 2. These temporary connections shall be a minimum of 20 feet in width to accommodate two- way traffic and emergency vehicle access. 31) Multi-Use Path & Nevada Street Sidewalk Timing That the multi-use path and the sidewalk on Nevada Street, from Helman Street to Oak Street, shall be tied to the construction of Sander Way as part of Phase II, rather than as a part of Phase I. A revised plan (rep/acing Sheet R-1 from December 1, 2006 shall be provided prior to pathway installation illustrating the proposed pathway installation and the redefined limits of the slope stabilization and associated re-vegetation and shall include the planting of additional trees both inside and outside the pathway corridor to be selected based on recommendations of Parks Department staff as to Ordinance No. Exhibit B Page 8 of 11 Exhibit B the number, type and placement. The multi-use pathway improvements shall be installed with Phase II of the development, but no later than five years following completion of the first phase. 32) That prior to the issuance of a Certificate of Occupancy for any particular unit, the landscaping and irrigation plan as identified in Exhibits CL-1 and CL-2 shall be installed for that particular unit. However, at the written request of the applicants, the Staff Advisor may allow for a temporary Certificate of Occupancy (not to exceed 18 months) if it is determined that particular unit's landscaping is likely to be damaged during construction of the adjacent unit. If a temporary Certificate of Occupancy is granted by the Staff Advisor, the applicants shall post a Performance Guarantee bond issued by a surety authorized to do business in the State of Oregon, irrevocable letter of credit from a survey or financial institution acceptable to the City, cash or other form of security acceptable by the Staff Advisor. At the time of the adjacent units Certificate of Occupancy, the landscaping and irrigation for the original unit shall be completed and Performance Guarantee returned or cancelled. 33) That the open space areas and associated common improvements between units #1-3, units #4-13, and #14-20 shall be completed prior to the issuance of a final occupancy permit for the final unit in each cluster, and prior to completion of 100 percent of the units, 100 percent of the open spaces within Phase I. including any remaining private walkways and curbs adjacent to the private street or elsewhere within the first phase of the development and any remaining land landscaping or irrigation will be completed. 34) Planning Commission Conditions for Approval of Phase II (PA #2016-00229): 1. That all conditions of the applicant shall be conditions of approval unless otherwise specifically modified herein including but not limited to: a. That fencing adjacent to the open space be limited to no more than four feet in height and that these fences shall be of an open construction which does not obscure views from the open space area. b. That the development's CC&Rs shall make clear that there is to be no blocking of solar access by vegetation. Ordinance No. Exhibit B Page 9 of 11 Exhibit B, c. That homes in Phase II shall not exceed 2,500 square feet exclusive of standard garages and porches. d. That the allowed garage space for each lot shall not exceed 540 square feet. e. That the proposed attached units shall obtain Site Design Review approval prior to approval of building permits. f. That the homes in Phase II shall be constructed to Earth Advantage Platinum Standards; be Photovoltaic Ready; be designed with optimum roof pitch and area for solar, and include an identified solar reserve area on building plans; and include electrical vehicle charging stations in each garage as proposed by the applicants. Building permit submittals shall include evidence of compliance with these requirements, and evidence of Earth Advantage Platinum/Photo-Voltaic Ready certification for each unit shall be provided by the applicants prior to the issuance of certificates of occupancy for each home. 2) That all conditions of the previous land use approvals and the approved Development Agreement and subsequently approved modifications shall remain conditions of approval unless otherwise specifically modified herein, including but not limited to the requirement that safe and free public access, and associated temporary public access easements, to the Dog Park and Bear Creek Greenway be maintained during development. 3) That lots adjacent to open space shall provide standard side and rear yard setbacks for the zoning district as a minimum appropriate transition between the public and private spaces. 4) The single-family zoned Lots #66-68 in Phase II shall be included in the homeowners' association and subject to the CC&R's and all subdivision requirements. 5) The applicants proposed allocation of additional lot coverage from the open space to individual lots is not approved. Lot coverage calculations shall be provided with each building permit demonstrating that each lot complies with the lot coverage limitations of the underlying zoning. Ordinance No. Exhibit B Page 10 of 11 Exhibit B 6) That the streetscapes, including the park row planting strips/bio-swales, shall be maintained by the homeowners association and this obligation shall be reflected in the CC&Rs. 7) Building permit submittals shall clearly illustrate compliance consistent with Solar Standard A. 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Nevada St., 811 Heiman St. & 127 Almeda Dr. OWNERS: Wilma, LLC (Greg & Valri Williams) APPLICANTS: Verde Village Development, LLC/KDA Homes, LLC DESCRIPTION: The applicants are requesting modification of the Outline Plan approval, Final Plan approval and modification of the Development Agreement for the Verde Village Subdivision located at 87 West Nevada Street, 811 Heiman Street and 127 Almeda Dr. The modifications proposed involve changes to the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase II, the single family portion of the Verde Village Subdivision. The Planning Commission has approved the Outline and Final Plans, and the Council will conduct a public hearing and first reading of an ordinance to consider the associated modification of the Development Agreement. COMPREHENSIVE PLAN DESIGNATION: Suburban Residential & Single Family Residential; ZONING: R-1-3.5, R-1-5 and R-1-7.5; ASSESSOR'S MAP: 391E 0413; TAX LOTS: 1100, 1400, 1418 and 1419. ASHLAND CITY COUNCIL MEETING: Tuesday, June 7, 2016 at 7-00 PM, Ashland Civic Center, 1175 East Main Street 87 W- NEVADA ST- 127 ALUEDA DR. A M1 H£LIMIL l ST. VERDE PELAGE SUBDIVISION SUBJECT PROPERTIES 2 l PHA SE 1 qq D 11 . X _ C pp a f. VERDIE =E, PHASE I SUBlDlrvsro>r. PHASES 7 C t i lTII16E5 SINGLE FAIRLY t 3 2; i T 1{ F 7 1 1, m t 3e3Fs., f Y Vrr E VADA Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND CITY COUNCIL on the meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305. G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices R Signs\2016\PA-2016-00229 Council Mtg.docx OUTLINE PLAN APPROVAL 18.3.9.040.A.3 Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan when it finds all of the following criteria have been met. a. The development meets all applicable ordinance requirements of the City. b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards. FINAL PLAN APPROVAL 18.3.9.040.6.5 Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. c. The open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. G:Acomm-decAplanning\Planning Actions\Noticing FolderAMailed Notices A Slgns\2016\PA-2016-00329 Council Mtg.docX 1 3 4 t f S i~ z BEFORE THE PLANNING COMATISSION May 10, 2016 IN THE MATTER OF PLANNING ACTION #2016-00229, A REQUEST FOR A } MODIFICATION OF THE OUTLINE PLAN APPROVAL AND DEVELOPMENT AGREEMENT, AND FINAL PLAN APPROVAL FOR PHASE II, THE 28--UNIT ) is SINGLE FAMILY PORTION OF THE VERDE VILLAGE SUBDIVISION ) LOCATED AT 87 WEST NEVADA STREET, 811 HELMAN STREET AND 127 ) ALMEDA DRIVE. THE MODIFICATIONS PROPOSED INVOLVE CHANGES } FINDINGS, TO THE PROPERTY LINES; BUILDING ENVELOPES; THE NUMBER OF ) CONCLUSIONS ATTACHED AND DETACHED UNITS; 'IIIE APPROVED LANDSCAPING ) & ORDERS PLAN; AND THE APPROVED PUBLICIPRIVATE SPACE PLAN FOR PHASE ) II, THE SINGLE FAMILY PORTION OF THE VERDE VILLAGE SUBDIVISION. ) APPLICANTS: Verde Village Development, LLC/KDA Homes, LLC ) RECITALS: 1) Tax lots 41100, 41400, #1418 and #1419 of Map 39 IE 04B are located on contiguous parcels at 87 West Nevada Street, 811 Helman Street and 127 Almeda Drive and are zoned R-1-3.5 (Suburban Residential), R-1-5 (Single Family Residential) and R-1-7.5 (Single Family Residential. E 2) The applicants are requesting Modification of the Outline Plan approval and Development Agreement, and Final Plan approval for Phase II, the 28-unit single family portion, of the Verde Village Subdivision located at 87 West Nevada Street, 811 Helman Street and 127 Almeda Dr. The modifications proposed involve changes to the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase II, the single family portion of the Verde Village Subdivision. Site unprovemcnts are outlined on the plans on file at the Department of Community Development. 3) The criteria for Outline Plan subdivision approval or modification through the Performance Standards Options Chapter are described in AMC 18.3.9.040.A.3 as follows: a. The development meets all applicable ordinance requirements of the City, b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. C. The existing and natural features of the land, such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildoble areas. PA #2016-00229 May 10, 2016 Page 1 I 3 i d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if r required or provided, and that if developments are done in phases that the early phases have the some or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards. 4) The criteria for Final Plan subdivision approval or modification through the Performance Standards Options Chapter are described in AMC 18.3.9.040.13 as follows: 5. Approval Criteria for Final Plan. Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. r Cf. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. C. The open spaces vary no more than ten percent of that provided on the outline plan. I I d. The building size does not exceed the building size shown on the outline plan by more than ten percent. e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. t h. Nothing in this section shall limit reduction in the number of dwelling units or 1 increased open space provided that, if this is done for one phase, the number of PA #2016-00229 May 10, 2016 Page 2 N I s i { dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. 6. Any substantial amendment to an approved Final Plan shall follow a Type i procedure in section 18.5.1.050 and be reviewed in accordance with the above criteria. 6) The original Subdivision approval and Development Agreement envisioned that Final Plan approval for each of the two phases of the development could be processed, like any other Final Plan applications, through administrative review by staff, and in fact the Final Plan approvals for both Rice Park and the Cottages in Phase I were approved administratively. However, the r approval criteria for Final Plan in AMC 18.3,9.040 provide that building locations and sizes, open space areas, and yard depths may vary no more than ten percent over those approved in the original Outline Plan and the current request includes buildings which were previously shown as being j 25-26 feet apart now illustrated as envelopes that are only 12 feet apart. The building on Lot 46 had a footprint illustrated at approximately 900 square foot (exclusive of garage) in the original approval, while the "viable footprint" is now illustrated at 2,432 square feet. Because these changes significantly exceed the ten percent threshold allowed between Outline and Final Plan, modification of the original Outline Plan approval, and thus the Development Agreement, is necessary. Procedurally speaking, the Development Agreement requires in 21.2 that, "Amendment... of this agreement shall be made by adoption of an Ordinance.... The procedures and requirements for amendment... are the same as for approval of a Development Agreement, currently notice and hearing before the Council with a recommendation from the Planning Corntnission." The current request is therefore for a land use decision by the Planning Commission as to whether the proposal complies with r the applicable approval criteria detailed above for Outline and Final plan approvals, and a recornYnendation from the Planning Commission to the City Council with regard to tine modification of the Development Agreement. 7 The Planning Commission, following proper public notice, held a public hearing on April 12, 2016 at which time testimony was received and exhibits were presented. Subsequent to the closing of the hearing, the Plazuiing Commission approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS I: For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" PA #2016-00229 May 10, 2016 Page 3 F f~ f Proponent's Exhibits, lettered with a 'T Opponent's Exhibits, lettered with an "O" I E s Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS , 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the proposal for modification of the Outline Plan approval and Final Plan approval meets all applicable criteria for Outline Plan approval as described in Chapter 18.3.9.040.A and for Final Plan approval as described in Chapter 18.3.9.040.8. 2.3 The Planning Commission finds that the proposal meets all applicable ordinance requirements of the City of Ashland with the attached conditions of approval. The Site Plan provided delineates the proposed building location, design and associated site improvements. The Planning Commission further finds that the application involves requests to modify the original land use approval and the associated Development Agreement for the Verde Village Subdivision by making changes to the property lines, building envelopes and number of detached and attached units, and by making changes to the approved landscaping and public/private space plans for Phase II, the single family portion of the subdivision. I I` 2.4 The Planning Commission finds that the Verde Village Subdivision was originally approved in December of 2007 and consisted of an 11.64 acre site comprising five parcels on the site of the old Ashland Y Greenhouses at 87 West Nevada and 811 Helman Streets. That original application involved numerous approval by the City, including: o An Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Single Fancily Residential (R-1) and Suburban Residential (R--1-3.5) o Outline Plan approval to develop the property as a 68-unit residential development o Site Review approval for multifamily development' o Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area. o A Tree Removal Permit o Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adj acent to natural features and to not connect two of the proposed streets. o Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the townhomes in the northwestern corner of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern corner of the site. PA #2015--00229 May 10, 2016 f Page 4 i a o An Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street, in order to maximize the use of solar energy. o A land exchange with the City of Ashland dedicating 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park in the area of the access and to the sough of the existing parking area. o A Development Agreement with the City of Ashland which governed the requirements for development of the subdivision to completion, including a detailed timeline. This development agreement was adopted by Ordinance #2945 on December 19, 2007. Subsequent to the 2007 approval, the original applicants dedicated property to the Rogue Valley Community Development Corporation (RVCDC) to develop 15 affordable units as part of Phase I of Verde Village to satisfy the affordability requirements of the annexation. Utilities and infrastructure, including a partial extension of Almeda Street, were completed to serve these units, which are now built and occupied as "Rice Park at Verde Village." The applicants obtained Final Plan and Site Review approval for the remainder of the Phase 1, the multi- family cottage housing portion of the subdivision, in 2009. Prior to the installation of infrastructure or commencement of the remainder of the first phase of the development, the national economy suffered a F. major downturn which made it difficult for projects with approvals in place to obtain financing. To date, the city has approved three timetable extensions in response to difficulties associated with the . economy and availability of financing, and in 2014 approved requested modifications of the Development Agreement including: clarifications of the project phasing to make clear which improvements would be required with each phase and to allowing either phase to occur first; changing the, energy efficiency 3 requirements of the development so that all units will be constructed to at least Earth Advantage Gold j= standards and will be "Photovoltaic Ready"; and changing the landscaping requirements associated with construction of the multi--use path. f In 2015, a request for modifications (PA #201500825) including partitioning the property to be consistent with the approved phasing plan, to adjust the property lines for Lots 43-99 and #15-1117, and to modify Exhibit E, Condition #30 of the approved Development Agreement as it relates to the construction and timing of street improvements for both Perozzi Street and Almeda Drive was approved, The Phase I portion of the development has been sold to Verde Village Development, LLC (the current applicants) and infrastructure installation for the first phase is now well underway. 2.5 The Planning Commission finds that the application explains that the number of dwelling units proposed, street pattern, and public improvements associated with the extension of the bikepath and new T street system are to remain as proposed and that the modifications requested are limited to: adding property lines around 25 of the 28 single family lots in Phase 1; adding building envelopes within the new property lines for 25 of the 28 single family lots in Phase 1; modifying the open space treatment; detaching four of the six previously attached units; and clarifying the maximum house size of the proposed homes. With regard to adding property lines around 25 of the 28 single family lots in Phase 1, the application PA #2016-00229 May 10, 2016 Page 5 ,r ~f 3 S i u explains that the originally approved Outline Plan did not include property lines for 25 of the 28 proposed single family residences. The applicants now desire to add clear property line boundaries in order to delineate ownership boundaries and avoid confusion between property owners. They note that the ' previous plan did not consider pet control issues, ownership values, privacy concerns or neighborly interaction. j i With regard to adding building envelopes within the new property lines for 25 of the 28 single family lots in Phase I, the applicants similarly note that the original Outline Plan approval did not include building envelopes but instead presented conceptual house footprints. The applicants are now requesting to add j building envelopes within the property lines in order to identify potential home construction boundaries and provide future home owners some flexibility in designing their homes. The applicants emphasize that building envelopes are not proposed house footprints, but instead boundary limitations that are necessary j' to retain private open space, provide for solar access and address spatial sensitivity and that there are numerous factors that limit the actual size of a home within the envelope including lot coverage, setbacks, f solar access, owner preferences, and the 2,500 square foot limitation committed to with the application. ,r With regard to detaching four of the six previously attached units, the applicants note that the original approval identified six attached units, and the current request proposes to reduce this to four noting that this change would be more in course for the subdivision and would create a more balanced approach when it comes bringing a mixture of housing types to the market. With regard to clarifying the maximum house size of the proposed homes, the applicants note that the original application narrative stated that, "small is beautiful" and that philosophy remains today. However, they emphasize that it has always the applicants' intention to exclude the units' garage square footage from the 2,500 square foot limitation described in the original application and as such, the current request seeks to clarify that units will be limited to 2,500 square feet not including garages or porches. They suggest that only a few of the homes would likely broach this level, but desire the flexibility in design in order to offer a variety of house types and sizes to remain competitive in the marketplace. I With regard to modifying the open space treatment, the applicants suggest that there is no clear indication in the plans or narrative for the Outline Plan approved indicating the purpose of the site's open spaces and that it appears to be partially planted and unplanted passive open space with no trails or central focus points for neighborly interaction apparent. They suggest that it was unclear whether this space was to be public or private, and that it was unclear how wall, window and door placement adjacent to open space was to be treated to determine whether the homes turned their backs onto the open space. The applicants propose to define the plantings for the project open spaces, and where paths are provided to grant public easements. A small focal point is proposed to anchor the large central space and provide a neighborhood interaction point. The applicants suggest that building envelopes will have standard rear yard setbacks to reduce building massing around the open space. The applicants also propose fence height restrictions to be included in the project CC&R's that would prohibit fence heights exceeding four feet so that the } h common open space areas retain a sense of openness. Overall, the applicants contend that the proposed modifications to the treatment of the open space areas provide far more open space than originally planned and do so in a more useable manner with homes that now face the open space and the street and provide i eyes on the open space for a comfortable, enjoyable recreational experience. PA 92016-00229 May 10, 2016 Page 6 With regard to clarification of the solar access for the proposed homes, Condition 422 of the original approval required that all homes in the development comply with Solar Access Standard A and cast no more shadow than would be cast by a six--foot fence on the north property line. The applicants explain that because the property lines are de-emphasized to enhance the sense of community, the applicants propose to comply with this standard based on a hypothetical six-foot fence built at a six-foot setback rather than based on the private lot lines proposed. This is similar to the shading that has been allowed in is other Performance Standards developments such as the Millpond Subdivision, and would limit the shadow cast to no more than would be cast by a six-foot fence built six feet south of the home to the north's wall. The applicants emphasize that the subdivision's original efforts to maximize solar orientation remain unchanged, and that they would provide Earth Advantage@ Platinum homes (currently Gold is required) that are Photo-Voltaic Ready with conduit and circuit breakers installed; homes designed with optimum s` roof pitch and area for solar, and include an identified solar reserve area on building plans; and an outlet with a 240-watt circuit breaker in each garage to accommodate an electric car charger. The application materials include solar studies as Sheets A2-A5 illustrating how this shading would work, and all building permits would include demonstration of compliance with the standard. The applicants conclude with the assertion that the modifications proposed will notably improve upon a neighborhood that will be more desired and valued by its tenants. They suggest that the previous plan was conceptual and not fully vetted nor the criteria fully understood by the applicants as the previously approved plans "would have created a development that felt like a government designed communal ry. housing project that would have had little life and or individual expression." 2.6 The Planning Commission finds that the current request involves modification of the approved Outline Plan, and is subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request as provided in AMC 1.8.5.6.030.C. The Commission further funds that the modifications requested can be found to comply with the Outline Plana approval criteria. The development will continue to meet applicable ordinance requirements of the City; the provision of adequate key city facilities and treatment of natural features are not proposed to be altered; the proposed changes will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan; there are adequate provisions of the maintenance of open space and common areas; and the proposed density and streetscape treatment are to remain unchanged. 2.7 The Planning Commission finds that the number of dwelling units are not to vary from the number shown in Outline Plan herein and will not exceed the number of units in the original approval; that with the yard depths, open spaces, building sizes, elevations and materials are to remain consistent with the modifications considered herein; that the modifications proposed remain consistent with the standards l which resulted in the awarding of bonus points in the original approval; and that the development continues to comply with the Street Standards except in those areas where Exceptions were previously` approved 2.8 With regard to modification of the Development Agreement, the Planning Commission recommends that the Council carefiilly consider whether the current proposal meets the Council's PA. #2016-00229 F: May 10, 2016 Page 7 r i f 3 i b i understanding of the intent of the original Development Agreement. Planning staff have noted concerns that the proposed modifications alter the fundamental character of the original subdivision. While the applicants suggest that the original subdivision gave no clear indication of the purpose of the site's open ; spaces, that it was unclear whether the open space was to be public or private, and that it was unclear how the proposed homes would relate to the open space, staff believes that the original approval articulated a clear vision of the proposed development which provided one basis for the original approval by the Planning Commission and Council not merely for the subdivision, but for the property exchange, Annexation, Comprehensive Plan and Zoning Map amendments and Development Agreement. The original approval included I l conceptual drawings for single family homes with a range of square I footages, and a "Proposed Public/Private Space" Plan (original Sheet P1) made explicitly clear the footprints of the homes proposed and delineated how the homes were to be clustered around a central "passive open space and play area" with an open, fluid edge and, a clearly defined area of single fannily private space adjacent to each home. These private spaces were to be the responsibility of individual property owners, with the remainder serving as a common green. With the proposed redefinition of the property lines, building envelopes and the public/private space delineation, staff believes that the fluid, open-edged common green that was literally and figuratively the center of the single-family Phase of the subdivision has the potential to be confined and privatized to a degree that substantially alters the character of the original Verde Village. The Performance Standards Options Chapter (AMC 18.3.9) seeks to allow an option for more flexible design than is permissible under the conventional zoning codes in exchange for energy efficiency, architectural creativity, and innovation that use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in standard developments, are aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. The original proposal was exemplary in pursuing energy efficiency, architectural creativity and innovation that incorporated the natural features of the site for the benefit of the neighborhood and broader community. The application spoke to the "creation of community by design," noting that "'small is beautiful' as well as sustainable and affordable," and proposing to limit unit sizes to from 800-1,200 square feet for the cottages; 9001,200 square feet for the townhomes, and to a maximum of 2,500 square feet for the single family residential homes while seeking to build the most energy efficient homes in Oregon. All homes in the development were to be clustered around a common green with small areas of private space around the buildings, and all remaining areas as fluid common } space. This original neighborhood design, negotiated. through Ashland's Annexation process and presented in the original Outline Plan approval, embraced architectural and site plat ing creativity suggested in the Performance Standards Option, The result was a plan layout that was open and airy, focusing on spacious yard areas and open spaces central to the project and surrounding residences. I; ~r i; Staff have indicated that the proposed changes dramatically deviate from this approach, as well as the desired purpose of the Performance Standards OPtion through the standardization of building envelope orientation and size, as well proposing predictable yard spaces between residences, and in staff's opinion, the new layout undermines the creativity found in the original design in order to substitute a more Y PA #2016-00229 May 10, 2016 Page 8 i conventional subdivision plan. Staff believes that the changes proposed could be found to be consistent with the approval criteria for Outline Plan, but also believes that these changes have the potential to fundamentally alter the character that defined of the original neighborhood envisioned as Verde Village and should therefore be carefully considered. The original Verde Village project envisioned a unique mix of housing types and energy conserving housing that Ashland has not seen before or since - in a subdivision, and included connectivity improvements to better serve the now--constructed affordable housing in Rice Park, the Dog Park, the Bear Creek Greenway and the surrounding community. The merits of the project remain years following its approval and it is unfortunate that the economic downturn of the "Great Recession" jeopardized realization s of the original vision. In the interest of keeping the subdivision viable in the current economy, the Council has previously approved changes in the energy efficiency proposed from a net-zero performance standard to more readily implementable Earth AdvantageO standards as well as changes to the property lines and open space for the cottage portion in Phase 1. The current request proposes to modify the open space areas in Phase II to create a more marketable development, but in so doing proposes to redefine the delineation of public and private spaces envisioned with the original Verde Village substantially. Staff has concerns that this redefinition has the potential to fundamentally change the development's approach to site planning, resulting in a much more conventional subdivision with larger homes and more enclosure of the open space instead of a community of smaller homes clustered around an open, common green with a more open, fluid edge. The approved Development Agreement calls for the Final Plan to speak to community access and usability of the open space, and staff believes it is important that the change from the more fluid, open common green of the original proposal to a more conventional, enclosed treatment of the open space proposed be carefully considered. Staff is specifically concerned with the r` significant reduction in the side yard areas between residences, especially for those lots abutting the Ashland Creek Corridor and future public multi--use pathway. In staff's _judgment,'this will result in the elimination of the generous view corridors designed to provide a visual connection to the natural area beyond. The original neighborhood design negotiated through Ashland's annexation process and presented in the outline plan approval embraced architectural and site planning creativity suggested in the 4 Land Use Ordinance's Performance Standards Option, The result was a plan layout that was open and airy, focusing on spacious yard areas and open spaces central to the project and surrounding residences. In Staff's judgment, the proposed changes dramatically deviate from this approach, as well as the desired purpose of the Performance Standards Option, through the standardization of building envelope orientation and size, as well proposing predictable yard spaces between residences, and this new layout undermines the creativity found in the original design in order to substitute a more conventional subdivision plan. The Planning Commission finds that the proposed changes are in keeping with the approval criteria for a modification of the Outline Plan approval, and approval of the Final Plan, however the Commission also recognizes that the changes proposed are a significant deviation from the project as originally approved and need to be considered by the Council not simply as a change to the Outline Plan, but more broadly in terms of whether the changes requested meet the implied or expressed assumptions and understandings that were behind the land exchange, annexation and other approvals that lead to the approval of the original Verde Village Development Agreement. The Planning Commission did not make any decisions on those PA #2016-00229 May 10, 2016 Page 9 iT I { issues regarding the Development Agreement because they felt this was a policy issue more than a code compliance decision. SECTION 3. DECISION IIi 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for Modification of the Outline Plan approval including changes to the property lines; building envelopes; ~ es• the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan, and Final Plan approval for Phase 11, the 28-unit single family portion, of the Verde Village Subdivision is supported by evidence contained within the whole record.' Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action. #2016-00229. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2016-00229 is denied. The following are the conditions and they are attached to the approval: 1) That all conditions of the applicant shall be conditions of approval unless otherwise specifically modified herein, including but not limited to: a. That fencing adjacent to the open space be limited to no more than four feet in height and that these fences shall be of an open construction which does not obscure views from the open space area. b. That the development's CC&Rs shall make clear that there is to be no blocking of solar access by vegetation. C. That homes in Phase II shall not exceed 2,500 square feet exclusive of standard garages and porches. d. That the allowed garage space for each lot shall not exceed 540 square feet. e. That the proposed attached units shall obtain Site Design Review approval prior to approval of building permits. f. That the homes in Phase II shall be constructed to Earth Advantage Platinum Standards; be Photovoltaic Ready; be designed with optimum roof pitch and area for solar, and include an identified solar reserve area on building plans; and include electrical vehicle charging stations in each garage as proposed by the applicants. Building permit submittals shall include evidence of compliance with these requirements, and evidence of Earth Advantage PlatinumlPhoto-Voltaic Ready certification for each unit shall be provided by the applicants prior to the issuance of certificates of occupancy for each home. 2) That all conditions of the previous land use approvals and the approved Development Agreement and subsequently approved modifications shall remain conditions of approval unless otherwise s; specifically modified herein, including but not limited to the requirement that safe and free public PA 42016-00229 May 10, 2016 Page 10 F 4 access, and associated temporary public access easements, to the Dog Park and Bear Creek Greenway be maintained during development. 3) That lots adjacent to open space shall provide standard side and rear yard setbacks for the zoning district as a minimun appropriate transition between the public and private spaces. 4) The single-family zoned Lots #66-68 in Phase 11 shall be included in the homeowners' association and subject to the CC&R_'s and all subdivision requirements. S) The applicants proposed allocation of additional lot coverage from the open space to individual lots is not approved. Lot coverage calculations shall be provided with each building permit demonstrating that each lot complies with the lot coverage limitations of the Underlying zoning. 6) That the streetscapes, including the park row planting strips/'bio--swales, shall be maintained by the homeowners association and this obligation shall be reflected in the CC&R_s. f 7) Building permit submittals shall clearly illustrate compliance consistent with Solar Standard A. Y My 10, 2016 Planting Commission Approval Date f f i' G x i i. PA #2016-00229 ¢ May 10, 2016 Y Page 11 f. CITY OF -ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES APRIL 12, 2016 CALL TO ORDER Chair Melanie Mindlin called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street, Commissioners Present: Staff Present: Troy J. Brown, Jr. Bill Molnar, Community Development Director Michael Dawkins Derek Severson, Associate Planner Debbie Miller April Lucas, Administrative Supervisor Melanie Mindlin Haywood Norton Roger Pearce Lynn Thompson Absent Members: Council Liaison: None Greg Lemhouse, absent ANNOUCEMENTS Community Development Director Bill Molnar announced the commission's May meeting will include two Type II public hearings. He also stated the City Council has initiated three new items that will come before the commission in the next few months: 1) an amendment to the comprehensive plan to remove the Citizen's Planning Advisory Committee, 2) amending a condition regarding the cleanup of the, railroad property, and 3) a proposed zone change for a parcel on Pioneer Street. AD-HOC COMMITTEE UPDATES Commissioner Dawkins provided a brief update on the Downtown Parking Management & Circulation Committee and noted the City Council held a study session on the recommendations. He added a recent article in the Daily Tidings has set off a firestorm of comments from downtown business owners. CONSENT AGENDA A. Approval of Minutes. 1. March 8, 2016 Regular Meeting. Commissioners Miller/Brown m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 6.0. Commissioner Thompson abstained. PUBLIC FORUM No one came forward to speak. TYPE III PUBLIC HEARING A. PLANNING ACTION: PA-2016.00229 SUBJECT PROPERTY: 87 W. Nevada St., 811 Heiman St. & 127 Almeda Dr. OWNERS: Wilma, LLC (Greg & Valri Williams) APPLICANTS: Verde Village Development, LLCIKDA Homes, LLC Ashland Planning Commission April 12, 2016 Page 1 of 6 DESCRIPTION: A request for modification of the Outline Plan approval and Development Agreement, and Final Plan approval for the Verde Village Subdivision located at 87 West Nevada Street, 811 Helman Street and 127 Almeda Dr. The modifications proposed involve changes to the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase II, the single family portion of the Verde Village Subdivision. COMPREHENSIVE PLAN DESIGNATION: Suburban Residential & Single Family Residential; ZONING: R-1-3.5, R-1.5 and R-1.7.5; ASSESSOR'S MAP: 39 1E 0413; TAX LOTS: 1100, 1400, 1418 and 1419. Commissioner Mindlin read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Norton, Thompson, Pearce, and Brown conducted site visits. No ex parte contact was reported. Staff Report Associate Planner Derek Severson provided the background information on this project. He stated in 2007 the City did a land exchange, annexation, Comprehensive Plan map and zoning map change, and a number of other approvals for this 68-unit residential development. The 15 affordable unit development called Rice Park has been completed and is occupied; Phase 1 is the cottages and the applicants are in the process of installing civil improvements; and the current request is to modify the outline plan approval for Phase 2 which is the single family portion of the development. Mr. Severson provided an overview to the requested changes, which would modify the existing approval to: • Add property lines around 25 of the 28 single family lots. • Add building envelopes in the new property lines. • Detach 4 of the 6 previously attached units. • Set a maximum house size for the proposed homes. • Modify the open space treatment. • Clarify the solar access for the proposed homes. Mr. Severson commented on the project's original approval and asked the commission to consider whether the changes to the open space would alter the fundamental character of the original subdivision approval. He stated staff has some concerns that maximizing the building envelopes and having the potential to move the buildings closer together has the potential to enclose the open space and lose a lot of that character. He added other issues the commission may wish to discuss are: 1) Are the standard setbacks appropriate or is more openness necessary? 2) Are the pathways and open space landscaping treatment acceptable? 3) Is a 4 ft. fence height along the open space appropriate? 4) Is the "Millpond Standard" for solar access acceptable? 5) Does the allocation of coverage from open space keep with the purpose and intent of the Performance Standards? Questions of Staff Commissioner Mindlin stated she is unclear on what the applicants are proposing for setbacks. Mr. Severson clarified they are proposing 10 feet, which is the standard requirement, but they have not stated whether this will be 10 feet per story for 2-story homes, Mr. Molnar commented on the Millpond solar standard which limits shadows to not more than 4 ft. on buildings to the north, but stated if there is no building to the north this could lead to greater shading of yard areas that could otherwise be used for garden space. Mr. Severson commented on the original approval and explained the initial plan had conceptual footprints and it was understood that these would need to be fine-tuned at final plan. However the area between the structures is changing by more than 10% which is why the applicants are needing a modification. He noted there were a variety of building Ashland Planning Commission April 12, 2016 Page 2 of 6 sizes shown on the original approval and the applicants are seeking flexibility, but questioned the impact if every new home pushes the limit and builds up to the 2,500 sq.ft. proposed max. Mr. Severson clarified staffs primary concern is that the proposed changes could change the way the open space functions within the development. If the buildings are much closer to it and there is fencing along the back and a pathway down the middle, it changes this from a place to gather to a thoroughfare. Applicant's Presentation Greg and Valri Williams/744 Helman/Stated they are proud of this project and believe it is the future of what housing should be. Mr. Williams stated they want to attract a wide variety of residents and have an engaging neighborhood that shares in a vision for sustainability. Mr. Williams commented on the open space that will be provided, but stated they also want people to have private space and the ability to grow their own food or raise chickens. Ms. Williams stated Phase 2 is the single family portion and these have always been envisioned as traditional lots, The homes will be energy efficient and they want to make sure the housing placement will accomplish their goals. Ms. Williams stated this is a great project a long time in the making and asked for the commission's support. Mark Knox/604 Fair Oaks/Reviewed some of the elements of the project and stated any reference to this project losing its creativity is incorrect. Mr. Knox stated they are proposing to improve on Phase 2 and commented on the orientation of the proposed houses. He stated it is preferred to orient them to the public realm, and not just the front but the back as well. He clarified they are proposing property lines and building envelopes that will give them the flexibility to work with a buyer who may wish to alter the footprint slightly. He noted because of the original agreement any minor modification such as a one or two foot adjustment from one side to the other would require hearings in front of the Planning Commission and City Council. He stated the building envelopes proposed serve as a placeholder and allow for that flexibility. Mr. Knox clarified the setbacks will be 10 feet per story, and commented on the landscaping plan for the open space. Mr. Knox stated this development will have a solar reserve area, all homes will be photovoltaic ready, and there will be vehicle charging stations in every garage. He noted they are committed to Earth Advantage Platinum and believes their proposal improves on an application that was already impressive to start with. He stated they meet all the criteria and asked for the commission's approval. Questions of the Applicant Commissioner Brown commented that the original concept was undoable and unrealistic and asked why that was originally presented. Mr. Williams stated it is not that is was unfeasible, but rather this is a big project and there were items that were not taken into account at that stage. Mr. Williams commented on the building envelopes and stated they would like the flexibility to put a smaller home there, but they will never be bigger than shown. He stated they were surprised to find out a lot of people wish to downsize and they would like to provide this flexibility. Commissioner Mindlin asked what will be included in the development's CC&Rs. Mr. Knox stated the treatment of fences, the responsibility of the open space, as well as any conditions of approval placed by the City will be included. Mindlin also asked what the applicants are proposing for the garage size. Mr. Knox acknowledged that this had not been clarified and stated a 540 sq.ft, limit would be appropriate. Mr. Knox clarified the proposed building envelopes provide flexibility to make the houses smaller or shift them from one side to another. Mr. Knox was asked if it would be possible to place a 2,500 sq.ft. house with a 540 sq.ft garage on each of the lots and he responded that a number of the lots are smaller and while it might be possible to have a 2,500 sq.ft. house it would have to be two-stories and they would still have to meet the solar requirements. Ashland Planning Commission April 12, 2016 Page 3 of 6 Public Testimony Fred Gant/715 Sunrise/Stated he is a state licensed energy assessor and certifies Earth Advantage Homes and stated he is in full support of this project. Mr. Gant stated it is very exciting to see what has been put together and stated this would be the first Earth Advantage subdivision in southern Oregon. He stated the applicants are bringing a lot of environmental and sustainable benefits by going from gold to platinum and stated this project is a great design and will be good for the people and good for the city. Shawn Schreiner/330 E Hersey/Stated he is the owner of True South Solar and gave his support for the project. Mr. Schreiner stated it is very unique to have solar readiness and this is the exactly the sort of thing Ashland needs. He noted that his company does a lot of retrofits and many clients aren't able to accomplish their goals, and stated this development won't have any of those problems. Applicant's Rebuttal Mr. Knox stated this is a unique project and there has never before been a residential development in Ashland that meets this level of effort. He stated they meet all the approval criteria and asked for the commission's support. Deliberations & Decision Commissioner Brown commented that the modifications are a large change from what was originally anticipated; the changes are not right or wrong but they do change how this project was originally laid out. Commissioner Miller stated this plan makes more sense than the previous one. Commissioner Pearce agreed and stated while this is a big change he believes it meets the standards and criteria. Commissioner Norton commented that the houses will be significantly bigger and have fences and stated the flow and feel that was originally approved is not there anymore. Commissioner Thompson stated it does not fail to comply with the standards, but questioned if there was a quid pro quo earlier in the process that it would be done differently. Commissioner Dawkins stated there is nothing undetailed about this project and commented on the overall concept. He stated he does not have a problem realigning it but there was a land trade, annexation, and a number of amendments that were made and believes this is a policy decision that needs to be made by the City Council. Staff clarified the Planning Commission's role is to make a land use decision based on the performance standards criteria with a recommendation on whether the City Council should incorporate it into their final decision. The City Council will have to decide if the proposal is still true to the overall annexation and development agreement. Commissioner Thompson stated they could find the proposal meets the performance standards but they question whether it meets the implied or expressed assumptions and understandings that were part of the development agreement; that is the purview of the City Council and they encourage them to take a close look at this decide from a policy perspective if they are comfortable allowing these changes. Commissioner Mindlin stated she does not recall the open space being a big part of the original decision, it was more about energy efficiency, green building standards, solar capacity, green streets, etc. She stated it is appropriate to highlight this change to the City Council, but does not believe it destroys the whole sense of the project. Mindlin added she is not in favor of the allocation of open space coverage requested by the applicant and stated this limitation will keep the home sizes down and reduce impervious surface. Commissioners Pearce/Thompson m/s to approve the application for the modification of the outline approval with the follow conditions: 1) to not approve the allocation of open space coverage to individual lots, 2) to add a condition that they include in their CC&Rs for no solar blocking, 3) add a condition for a 540 sq.ft. limit for garage space for each lot, 4) add a condition that the streetscapes be maintained by the homeowners association, 5) add a condition that the applicant maintain solar standard A, and 6) all other conditions recommended by staff. The Commission also recommends the City Council consider whether this meets the Council's understanding and intent of the development agreement. DISCUSSION: Commissioners Thompson, Brown, Dawkins, Pearce, Miller, and Mindlin, YES. Commissioner Norton, NO. Motion passed 6-1. Ashland Planning Commission April 12, 2016 Page 4 of 6 TYPE II PUBLIC HEARING A. PLANNING ACTION: PA-2016.00410 SUBJECT PROPERTY: 475 University Way OWNERIAPPLICANT: State of Oregon/Southern Oregon University DESCRIPTION: A request for Site Design Review, Conditional Use Permit and Tree Removal Permit approvals to allow the renovation of 15,147 square feet of the existing Southern Oregon University (SOU) Theater Building; a 13,238 square foot addition to the Theater Building to accommodate new teaching facilities; and a 6,468 square foot addition to accommodate relocation of the Jefferson Public Radio (JPR) program for the property located at 475 University Way on the SOU campus. A Conditional Use Permit is required because the adopted SOU Master Plan currently identifies a different location on campus for the JPR program, and a Tree Removal Permit is required because the request includes the removal of 25 trees, including eight significant trees which are over 18-inches in diameter at breast height (d.b.h.) and therefore require Tree Removal Permits. COMPREHENSIVE PLAN DESIGNATION: Southern Oregon University; ZONING: SO; ASSESSOR'S MAP& TAX LOT: 39 1E 1000 Tax Lot #5700 and 39 1 E 09DD Tax Lot #7900. Ex Parte Contact Commissioners Dawkins, Miller, Brown, Mindlin, Pearce, Thompson, and Norton declared site visits. No ex parte contact was reported. Commissioners Dawkins/Pearce m/s to extend meeting to 10 p.m. Staff Report Associate Planner Derek Severson reviewed the proposal to add a 13,238 sq.ft. addition to accommodate new teaching facilities for the university and add a 6,468 addition to accommodate the relocation of Jefferson Public Radio. He stated the application includes substantial regarding of the parking area to address ADA and displayed the applicant's renderings and drawings. Mr. Severson reviewed the tree removal and planting plan and stated both staff and the Tree Commission are recommending against the removal of the redwood tree located in the parking lot island, and staff would like to see the cedar tree retained as well. He stated staff is recommending approval with the conditions as listed, which includes the recommendation from the Tree Commission. Applicant's Presentation Mandy Butler, TVA Architects/Kerry KenCairn, KenCairn Landscaping/Ms. Butler stated this project increases the capacity for theater education on SOU's campus and she is very happy to be a part of this project. Ms. KenCairn stated the main issue seems to be the trees and explained the intent is to have visual connectivity from Mountain Street to the new building and the three evergreens blocked that. She stated they will retain one redwood, but the other redwood with the split trunk will only last 5-10 more years and the cedar must be removed because it is located in the path of the driveway. Ms. Butler explained that changing the island creates a gateway and invokes the public into that space. She added the building's design allows activity on the inside to be visible outside and will engage the public in a way that does not currently exist. Ms. Butler clarified the renderings in the application did not include the trees because it blocked the view of the building, however the large evergreen will still be there as well as the other trees listed on the planting plan. She clarified their proposal is to remove one evergreen and one cedar and keep the other redwood. The redwood with the split trunk will be removed and this will allow the other tree room to grow. Commissioner Mindlin closed the hearing and the public record at 9:50 p.m. Questions of Staff Mr. Severson commented on the recent visit from James Urban who provided a presentation on Urban Trees in Ashland and concurred with the applicant's statement. Mr. Urban found that Ashland has too many trees planted close together and we should be giving them more room to grow, Ashland Planning Commission April 12, 2096 Page 5 of 6 Deliberations & Decision Commissioners Dawkins/Thompson m/s to approve PA-2016-00410 and remove condition #4 which accepts the Tree Commission's recommendation. Roll Call Vote: Commissioners Miller, Dawkins, Thompson, Brown, Norton, Pearce, and Mindlin, YES. Motion passed 7-0. ADJOURNMENT Meeting adjourned at 9:55 p.m. Submitted by, April Lucas, Administrative Supervisor Ashland Planning Commission April 12, 2016 Page 6 of 6 ASHLAND OFFICE C3 190 OAK STREET, SUITE: I ASHLAND, OR 97524 OFFICE (541) 482-5590 PRO WEST TOLL FRL:E (866) 482-5590 REAL ES'I'ATE VAX (541),182-4290 info[a,)As11ImdProWest.coin wN"v.AshlandProWest,com April 11, 2016 i Ashland Planning Commission City of Ashland 1175 East Main Street Ashland, OR 97520 RE: PA-2016-00229----Modifications to the Outline Plan for Verde Village Phase II Dear Planning Commission Members. Please accept my strong support of the applicant's request for modifications to the outline plan for Verde Village Phase 11. Their proposal strikes the proper balance of maintaining the best elements of the project with the need to provide affordable and desirable housing for l the Ashland marketplace. i Why do I support the modification? The real estate marketplace is not the same as when Verde Village was originally conceived in 2005, the height of the real estate market frenzy. By the time of its approval in December of 2007, the downturn from the "Great Recession" had begun in earnest. Through 2012, the lowest ebb of the market, Ashland Median Prices were down 38.6%. Market prices have since recovered strongly, but many, many consumers lost significant confidence in the real estate market. The main source of improvement is less from strong confidence and more from limited inventory in many types of housing. Interestingly, in some housing types (townhomes under $400,000, attached homes in general, and non-downtown condominiums) there is a good supply of inventory that has yet to be sold. E Buyers are more cautious about these products, and Verde Village Phase 11 as originally conceived proposes to bring even more of this type of inventory to the marketplace. I To be truly successful, and to meet the need to supply both affordable and desirable housing to the marketplace, Verde Village should be allowed to be less homogeneous and to better reflect the wide mix of housing choices available in Ashland. Verde Village will still achieve many, many of its original planning goals, but a modification to the outline plan for Phase 11 will balance the types of housing offered to better reflect the diversity of the Ashland marketplace and will allow the project to succeed at a time when other large projects cannot. i ® Verde Village still has a truly affordable component in the 15 units built on land donated to RVCDC by the Williams family as part of the annexation; ® Phase I of Verde Village will maintain the clustered, small-footprint, "cottage community" style as originally conceived, with shared parking, pathways, common open areas and pad lot development. i Each Office Is Independently Owned and Operated, a ®Aat~~ Verde Village, Page 2 By allowing for a modification of Verde Village Phase 11, the City will be adding significant benefits that will make the entire project stronger, more livable, and most importantly, more viable. Modification to the outline plan will- * Allow for flexibility in floorplan design, home size and site placement. This will better orient each home on its lot so as to interact with the streetscape and to its neighbors, as well as to the central open space; ® Create opportunities for a wider variety of street-facing elevations, including porches that encourage interaction with the entire neighborhood; ® Eliminate the `snout-house" designs shown on the original plan approval, which do not meet the current City design guidelines and which the marketplace rejects; ® Replace the current "pad--lot" configuration and communal yard space with a more i traditional PUD approach that offers building envelopes, shares some but net all common areas, and which the vast majority of Ashland consumers embrace; ® Retain the overall design style and focus on solar accessibility, energy efficiency, and sustainable building practices; ® Maintain the visual open space by limiting rear-yard fencing heights, and identifies a greater amount of defined and designated open space; and Expand the pathway system through the Phase it open by dedicating more accesses and by creating landscaped "focal points" that encourage pedestrian traffic. In order to truly succeed, and to provide both affordable and desirable homes, Verde Village needs a broader range of housing opportunities than originally conceived, and this modification to the outline plan delivers that. Approving these modifications will in no way denigrate or constrain the original vision for Verde Village. They will, in fact, bring the goal of a vibrant, multi- generational, multi-modal and truly interactive neighborhood to fruition. I urge the Planning Commission to adopt the proposed modifications as presented. Sincerely, I; Rick Harris, Principal Broker Coldwell Banker Pro Vilest Real Estate 1 90 Oak Street Suite 9 Ashland, OR 97520 `f !S Planning Department, 51 Win1 .,o Way, Ashland, Oregon 97520 C I f y O F 541-488-5305 Fax: 541-552-2050 www.ashland.orms TTY; 1-800-735-2900 t.~ `HLAND i. PLANNING ACTION: PA-2016-00229 SUBJECT PROPERTY: 87 W. Nevada St., 811 Heiman St. & 127 Almeda Dr. OWNERS: Wilma, LLC (Greg & Valri Williams) APPLICANTS: Verde Village Development, LLC/KDA Homes, LLC DESCRIPTION: A request for modification of the Outline Plan approval and Development Agreement, and Final Plan approval for the Verde Village Subdivision located at 87 West Nevada Street, 811 Heiman Street and 127 Almeda Dr. The modifications proposed involve changes to the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase II, the single family portion of the Verde Village Subdivision. COMPREHENSIVE PLAN DESIGNATION: Suburban Residential & Single Family Residential; ZONING: R-1-3.5, R-1-5 and R-1-7.5; ASSESSOR'S MAP: 39 1E 046; TAX j LOTS: 1100, 1400, 1418 and 1419. ASHLAND PLANNING COMMISSION MEETING: ue cla , fitim°l1 2016 at /:0 Pki, Ash/and ivi Ce i er. °l -175 ~s f lain Street E PA #2016-00229 DOG PARK 87 w. NEVADA ST., 127 ALMEDA DR. & 811 HELMAN ST. { VERDE VILLAGE SUBDIVISION SUBJECT PROPERTIES C R PHASE I Ric i f ua r f ~ ALME _ T `DA DR ALMS DI2 , t I ~i -1 - r VERbF, VILLAGE f ~_j PHASE I SUBDIVI$16N P _ Qi COTTAGES HA II a ALDER LN ; SINGLE FA MILv 0' i lit r1 nF,, it r ' J' W E EJ.-Tf 'I I1L ~Lt F_ I W NEVADA ST - _ , _ - N EVA DA - - Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will he at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. E' In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102-35.104 ADA Title 1). k If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305. G:\comm-dev\planning\Planning ActionsNNoticing Foldu0A,tailed Notices & Sip ns\2016TA-2016-00229.dacx OUTLINE PLAN APPROVAL 18.3.9.040.A.3 Approval Criteria for Outline Plan, The Planning Commission shall approve the outline plan when it finds all of the following criteria have been met. a. The development meets all applicable ordinance requirements of the City, b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation; and that the development will not cause a City facility to operate beyond capacity. c. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards, APPROVAL CRITERIA FOR FINAL PLAN 18.3.9.040.6.5 I Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria, a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan, b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this Ordinance. c. The open spaces vary no more than ten percent of that provided on the outline plan, i d. The building size does not exceed the building size shown on the outline plan by more than ten percent, e. The building elevations and exterior materials are in conformance with the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved, g. The development complies with the Street Standards, h. Nothing in this section shall limit reduction in the number of dwelling units or increased open space provided that, if this is done for one phase, the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. I I I i i i i f i i.. F i l- i i I Wcomm-dev\p1 anning\111anning Actions\Noticing FolderlMailcd Notices & Signs\210IGTA-2016-00229.docx ASHLAND PLANNING DEPARTMENT STAFF REPORT t April 12, 20:16 PLANNING ACTION: 2016-00229 OWNERS Wilma, LLC (Greg & Valri Williams) APPLICANTS: Verde Village Development, LLC/I{DA Homes, LLC LOCATION: 87 West Nevada Street 811 Helman Street 127 Almeda Street (Map 39 1E 04B, Tax Lots: 1100, 1400, 1418 and 1419) ZONE DESIGNATION: R--1-3.5, R-1-5, R- l -7.5 COMP. PLAN DESIGNATION: Suburban Residential and. Single-Family Residential ORDINANCE REFERENCE (see http://www.ashiand.or.us/comdevdocs to view land use code on-line): 18.2 Zoning Regulations 18.3.9 Performance Standards Option 18.4.3 Parking, Access, and Circulation 18.4.5 Tree Preservation & Protection 18.4.6 Public Facilities 18.5.2 Site Design Review 18.5.3 Land Divisions & Property Line Adjustments 18.5.6 Modifications to Approved Planning Applications APPLICATION DEEMED COMPLETE ON: April 4, 2016 REQUEST: A request for modification of the Outline Plan approval and Development Agreement, and for Final Plan approval for Phase II, the 28-unit single family portion, of the Verde Village Subdivision located at 87 West Nevada Street, 811 Helman Street and 127 Almeda Dr. The modifications proposed involve changes to the property lines; building envelopes; the number of detached and attached units; the approved landscaping plan; and the approved public/private space plan for Phase II, the single family portion of the Verde Village Subdivision. Planning Action 2016-00229 Ashland Planning Department - Staff Report / dds Applicant; Verde Village Page 1 of 11 X. Relevant Facts Background - History of Application As the Planning Commission and Council know, the Verde Village Subdivision was originally approved in December of 2007 and consisted of an 11.64 acre site comprising five parcels on the site of the old Ashland Greenhouses at 87 West Nevada and 811 Helman Streets. That original application involved numerous approval by the City, including: o An Annexation, Comprehensive Plan and Zoning Map changes from Jackson County Rural Residential (RR-5) to City of Ashland Single Family Residential (R-1) and Suburban Residential (R-1-3.5) o Outline Plan approval to develop the property as a 68-unit residential 1 development o Site Review approval for multi-family development o Physical and Environmental Constraints Review Permit to locate a multi-use path in the Ashland Creek Riparian Preservation Area. o A Tree Removal Permit o Exceptions to the Street Standards to install a curbside sidewalk on one side of a proposed street, to not locate a street adjacent to natural features and to not connect two of the proposed streets. o Variances to reduce the on-street parking requirement from 78 to 38 spaces, to reduce the rear yard setback requirement for six of the townhomes in the northwestern corner of the site from 20 feet to 12, 14 and 16 feet, and to reduce the required distance between buildings for the 27 cottages in the southwestern corner- of the site. o An Administrative Variance to the Site Design and Use Standards to have the primary orientation of the buildings to the south, rather than to the street, in order to maximize the use of solar energy. o A land exchange with the City of Ashland dedicating 2.78 acres adjacent to Ashland Creek to the city for parks purposes in exchange for approximately 1.54 acres of the Dog Park in the area of the access and to the south of the existing parking area. o A Development Agreement with the City of Ashland which governed the requirements for development of the subdivision to completion, including a detailed timeline. This development agreement was adopted by Ordinance #2945 on December 19, 2007. ~a Subsequent to the 2007 approval, the original applicants dedicated property to the Rogue Valley Conununity Development Corporation (RVCDC) to develop 15 affordable units as part of Phase I of Verde Village to satisfy the affordability requirements of the annexation. Utilities and infrastructure, including a partial extension of Almeda Street, were completed to serve these units, which are now built and occupied as "Rice Park at Verde Village." x l; Planning Action 2016-00229 Ashland Planning Department - Staff Report l dds i' Applicant: Verde Village Page 2 of 11 i The applicants obtained Final Plan and Site Review approval for the remainder of the Phase 1, the multi-family cottage housing portion of the subdivision proposed for modifications here, in 2009. Prior to the installation of infrastructure or commencement of the remainder of the first phase of the development, the national economy suffered a major downturn which made it difficult for projects with approvals in place to obtain financing. 1 To date, the city has approved three timetable extensions in response to diffiiculties associated with the economy and availability of financing, and in 2014 approved requested modifications of the Development Agreement 3 including: clarifications of the project phasing to make clear which improvements 3 i would be required with each phase and to allowing either phase to occur first; changing the energy efficiency requirements of the development so that all units will be constructed to at least Earth Advantage Gold standards and will be "Photovoltaic Ready"; and changing the landscaping requirements associated with construction of the multi-use path. In 2015,1 a request for modifications (PA #2015--00825) including partitioning the property to be consistent with the approved phasing plan, to adjust the property lines for Lots #349 and 415417, and to modify Exhibit E, Condition #30 of the approved Development Agreement as it relates to the construction and timing of street improvements for both Perozzi Street and Almeda Drive was approved. The Phase I portion of the development has been sold to Verde Village Development, LLC (the current applicants) and infrastructure installation for the. first phase is now underway. actions of record for the subject ro ertThere are no other planning subject property. p y Z} Detailed Description of the Site and Proposal Site Description The parent pacels to the original subdivision are located on the north side of i Nevada Street, west of the Ashland Creep corridor, near the terminus of Helman Street at Nevada Street. A driveway and multi-use path acecssway serving the Dog Park and the Bear Creek Grcenway north of the property bisects the subdivision. To the west, Almeda Drive abuts the western boundary of the site, i' with a short extension into the property providing access to the Rice Park affordable housing units. Ashland Creek, which runs along the eastern and northeaster boundary of the site, is identified as a Riparian Corridor in the adopted Water Resources map, and is considered a Riparian Preservation Creek in the Physical and Environmental Constraints Chapter (AMC 18.62) Flood Plain Corridor Lands map. The site also contains two wetlands which were identified in the original subdivision application. The site includes a variety of slopes including relatively flat portions and steeper slopes adjacent to Ashland Creek. Generally, the site slopes downhill to the north and northeast. j Planning Action 2016-00229 Ashland Planning Department Staff Report t dds Applicant: Verde Village Page 3 of 11 s The adjacent properties to the south, west and north are in the Ashland city limits. The properties to the south of the site, between the site boundary and Nevada St., are zoned Single-Family Residential (R-1-5). The properties to the west and north of the site are zoned Single-Family Residential (R-1-7.5). Most of the property to the east of Ashland Creek is outside the Ashland city limits and Ashland UGB, and is zoned Jackson County EFU (Exclusive Farm Use). Current Proposal The current proposal requests to modify the original land use approval and the associated Development Agreement for the Verde Village Subdivision by making changes to the property lines, building envelopes and number of detached and attached units, and by making changes to the approved landscaping and public/private space plans for Phase 11, the single family portion of the subdivision. H Project Impact The original Subdivision approval and Development Agreement envisioned that Filal Plan approval for each of the two phases of the development could be processed, like any other final Plan applications, through administrative review by staff, and in fact the Final Plan approvals for both Rice Park and the Cottages in Phase I were approved administratively. However, the approval criteria for Final Plan in AMC 18.3.9.040 provide that building locations and sizes, open space areas, and yard depths may vary no more than ten percent over those approved in the original Outline Plan and in reviewing the cut-rent request, staff noted that buildings which were previously shown as being 25-26 feet apart are now illustrated as envelopes that are only 12 feet apart. The building on Lot 46 had an approximately 900 square foot footprint (exclusive of garage) in the original approval, while the "Wable footprint" is now illustrated at 2,432 square feet. Because these changes significantly exceed the ten percent threshold allowed between Outline and Final Plan, modification of the original Outline Plan approval, and thus the Development Agreement, is necessary. I Procedurally speaking, the Development Agreement requires in 21.2 that, "4inendnzenl... of this agreement shall he made by adoption of an Ordinance.... The procedures and requirements for anrendrnent...arae the same as for approval of a Developrrrent Agreement, currently notice and hearing hefbrae the Council with a recommendation from the Planning Commission." The current request is before the Planning Commission for a reconunendation to Council. The Council will conduct a hearing to consider the first reading of an Ordinance amending the Development in May of 2016. The application explains that the number of dwelling units proposed, street pattern, and public improvements associated with the extension of the bikepath and new street system remain as proposed and that the modifications requested here are limited to: adding property lines around 25 of the 28 single family lots in Phase 1; adding building envelopes within the new property lines for 25 of the 28 single family lots in Phase 1; modifying the open space treatment; detaching four of the six previously attached units; and clarifying the maximum house size of the proposed homes. Planning Action 2016-00229 Ashland Planning Department Staff Report ! dds Applicant; Verde Village Page 4 of 11 i Adding property lines around 25 of the 28 single family lots in Phase I - The I application explains that the originally approved Outline Plan did not include property lines for 25 of the 28 proposed single family residences. The applicants now desire to add clear property line botuldaries in order to delineate ownership boundaries and avoid confusion between property owners. They note that the previous plan did not consider et control issues ownership values, p p ,privacy concerns or neighborly interaction. c Adding building envelopes within the new, property lines for 25 of the 28 single family lots in Phase t Similarly, the applicants note that the original Outline Plan approval did not include building envelopes but instead presented conceptual house i' footprints. The applicants are now requesting to add building envelopes within the property lines in order to identify potential home construction boundaries and provide future home owners some flexibility in designing their homes. The applicants emphasize that building envelopes are not proposed house footprints, but instead boundary limitations that are necessary to retain private open space, provide for solar access and address spatial sensitivity and that there are numerous factors that limit the actual size of a home within the envelope including lot coverage, setbacks, solar access, owner l preferences, and the 2,500 square foot limitation committed to with the application. Detaching four of the six previously attached units - The applicants notes that the original approval identified six attached units, and proposed to reduce this to four noting that this change would be more in course for the subdivision and create a more balanced approach when it comes bringing a mixture of l-iousing types to the market. I Clarifying the maximum house size of the proposed homes - The applicants note that the original application narrative stated that, "small is beautiful" and that philosophy remains today. However, they emphasize that it has always the applicants' intention to exclude the units' garage square footage from the 2,500 square foot limitation described in the original application and as such, the current request seeks to clarify that units will be limited to 2,500 square feet not including garages or porches. They suggest that only a few of the homes would likely broach this level, but desire the flexibility in design in order to offer a variety of house types and sizes to remain competitive in the marketplace. Modifying the Open Space Treatment The applicants suggest that there is no clear indication in the plans or narrative for the Outline Plan approved indicating the purpose of the site's open spaces and that it appears to be partially planted and unplanted passive open space with no trails or central focus points for neighborly interaction apparent. They suggest that it was unclear whether this space was to be public or private, and that it l was unclear how wall, window and door placement adjacent to open space was to be treated to determine whether the homes turned their backs onto the open space. The applicants propose to define the plantings for the project open spaces, and where paths are provided to grant public easements. A small focal point is proposed to anchor the large central space and provide a neighborhood interaction point. The applicants suggest that building envelopes will have standard rear yard setbacks to reduce building massing around the open space. The applicants also propose fence height restrictions to be included in the project CC&R's that would prohibit fence heights exceeding four feet so that the common open space areas retain a sense of openness. Overall, the applicants contend that the proposed modifications to the treatment of the open space areas provide z Planning Action 2016-00229 Ashland Planning Department Staff Report 1 dds Applicant: Verde Village Page 5 of 11 i far snore open space than originally planned and do so in a more useable mariner with homes that now face the open space and the street and provide eyes on the open space for a comfortable, enjoyable recreational experience. Clarification of the solar access for the proposed homes - Condition #22 of the original approval required that all homes in the development comply with Solar Access Standard A and cast no more shadow than would be cast by a six-foot fence on the north property line. The applicants explain that because the property lines are de-emphasized to enhance the sense of community, the applicants propose to comply with this standard based on a hypothetical six-foot fence built at a six-foot setback rather than based on the private lot lines proposed. This is similar to the shading that has been allowed in other f Performance Standards developments such as the Millpond Subdivision, and would limit the shadow cast to no more than would be cast by a six-foot fence built six feet south of the home to the north's wall. The applicants emphasize that the subdivision's original efforts to maximize solar orientation remain unchanged, and that they would provide Earth Advantage@ Platinum homes (currently Gold is required) that are Photo-Voltaic Ready with conduit and circuit breakers installed; homes designed with optimum roof pitch and area for solar, and include an identified solar reserve area on building plans; and an outlet with a 240-watt circuit breaker in each garage to accommodate an electric car charger. The application materials include solar studies as Sheets A2-A5 illustrating r how this shading would work, and all building permits would include demonstration of compliance with the standard. The applicants conclude that the modifications proposed will notably improve upon a neighborhood that will be more desired and valued by its tenants. They suggest that the previous plan was conceptual and not fully vetted nor the criteria fully understood by the applicants as the previously approved plans "would have created a development that felt like a government designed coininunal housing project that would have had little life and or individual expression." Staff has some concern that the proposed modifications alter the fundamental character of the original subdivision. While the applicants suggest that the original subdivision gave no clear indication of the purpose of the site's open spaces, that it was unclear whether the open space was to be public or private, and that it was unclear how the proposed homes would relate to the open space, staff believe that the original approval articulated a clear vision of the proposed development which provided one basis for the original approval by the Planning Connnission and Council not merely for the subdivision, but for the property exchange, Annexation, Comprehensive Plan and Zoning Map amendments and Development Agreement. The original approval included 11 conceptual drawings for single family homes with a range of square footages, and a "Proposed Public/Private Space" Plan (originally Sheet PI, see Staff Exhibit S--1) made explicitly clear the footprints of the homes proposed and delineated how the homes were to be clustered around a central "passive open space and play area" with an open, fluid edge and a clearly defined area of single family private space adjacent to each home. These private spaces were to be the responsibility of individual property owners, with the remainder serving as a cozrunon green. r Planning Action 2016-00229 Ashland Planning Department Staff Report ! dds Applicant: Verde Village Page 6 of 11 z With the proposed redefinition of the property lines, building envelopes and the public/private space delineation, staff believes that the fluid, open-edged common green that was literally and figuratively the center of the single--family phase of the subdivision has the potential to be confined and privatized to a degree that substantially alters the character of the original Verde Village. The Performance Standards Options Chapter {AMC 18.3.9} seeks to allow an option for more flexible design than is permissible under the conventional zoning codes in exchange for energy efficiency, architectural creativity, and innovation that use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in standard developments, are aesthetically pleasing, provide for rnore efficient land use, and reduce the impact of development on the natural environment and neighborhood. In staff's view, the original proposal was exemplary in pursuing energy efficiency, architectural creativity and innovation that incorporated the natural features of the site for the benefit of the neighborhood and broader community. The application spoke to the "creation of community by design," noting that "'sniall is beaulifirl' as well as sustainable and cffor(lable," and proposing to limit unit sizes to from 800-1,200 square feet for the cottages; 900-1,200 square feet for the town-homes, and to a maximum of 2,500 square feet for the single family residential homes while seeking to build the most energy efficient homes in Oregon. All homes in the development were to be clustered around a common green with small areas of private space around the buildings, and all remaining areas as fluid common space. This original neighborhood design, negotiated through Ashland's Annexation process and presented in the original Outline Plan approval, embraced architectural and site planning creativity suggested in the Perfolinance Standards Option. The result was a plan layout that was open and airy, :Focusing on spacious yard areas and open spaces central to the project and surrounding residences. 1 In staffs judgment, the proposed changes dramatically deviate from this approach, as well as the desired purpose of the Performance Standards Option, through the standardization of building envelope orientation and size, as well proposing predictable yard spaces between residences. In staffs opinion, the new layout undermines the creativity found in the original design in order to substitute a rnore conventional subdivision plan. While staff believes that the changes proposed could be found to be consistent with the approval criteria for Outline Plan, staff also believes that these changes have the potential to fundamentally alter the character that defined of the original neighborhood envisioned as Verde Village and should be carefully considered by the Planning Commission and Council. i III Procedural - Required Burden of Proof The criteria for Outline Plan subdivision approval or modification from the Performance Standards Options Chapter are detailed in AMC 18.3.9.040.A.3 as follows: Y Planning Action 2016-00229 Ashland Planning Department - Staff Report I dds Applicant; Verde Village Page 7 of 11 a. The development meets all applicable ordinance requirements of the City. b. Adequate key City facilities can be provided including water, sewer, paved access to and through the development, electricity, urban storm drainage, police and fire protection, and adequate transportation, and that the development will not cause a City facility to operate beyond capacity. C. The existing and natural features of the land; such as wetlands, floodplain corridors, ponds, large trees, rock outcroppings, etc., have been identified in the plan of the development and significant features have been included in the open space, common areas, and unbuildable areas. d. The development of the land will not prevent adjacent land from being developed for the uses shown in the Comprehensive Plan. e. There are adequate provisions for the maintenance of open space and common areas, if required or provided, and that if developments are done in phases that the early phases have the some or higher ratio of amenities as proposed in the entire project. f. The proposed density meets the base and bonus density standards established under this chapter. g. The development complies with the Street Standards. The criteria for Final Plan subdivision approval or modification from the Performance Standards Options Chapter are detailed in AMC 18.3.9.040.B as follows: 5. Approval Criteria for Final Plan. Final Plan approval shall be granted upon finding of substantial conformance with the Outline Plan. This substantial conformance provision is intended solely to facilitate the minor modifications from one planning step to another. Substantial conformance shall exist when comparison of the outline plan with the final plan meets all of the following criteria. a. The number of dwelling units vary no more than ten percent of those shown on the approved outline plan, but in no case shall the number of units exceed those permitted in the outline plan. b. The yard depths and distances between main buildings vary no more than ten percent of those shown on the approved outline plan, but in no case shall these distances be reduced below the minimum established within this ordinance, C. The open spaces vary no more than ten percent of that provided on the outline plan. d. The building size does not exceed the building size shown on the outline plan by more than ten percent. Planning Action 2016-00229 Ashland Planning Department - Staff Report i dds Applicant: Verde Village Page 8 of 11 e. The building elevations and exterior materials are in conformance with ~ the purpose and intent of this ordinance and the approved outline plan. f. That the additional standards which resulted in the awarding of bonus points in the outline plan approval have been included in the final plan with substantial detail to ensure that the performance level committed to in the outline plan will be achieved. g. The development complies with the Street Standards. h. Nothing in this section shall limit reduction in the number of dwelling i units or increased open space provided that, if this is done for one phase, ~ the number of dwelling units shall not be transferred to another phase, nor the open space reduced below that permitted in the outline plan. 6. Any substantial amendment to an approved Final Plan shall follow a Type i procedure in section 18.5.1.050 and be reviewed in accordance with the above criteria. IV. Conclusions and Recommendations The original Verde Village project envisioned a unique mix of housing types and energy conserving housing that Ashland has not seen before or since in a. subdivision, and included connectivity improvements to better serve the now-constructed affordable housing in Rice Park, the Dog Park, the Bear Creek Greenway and the surrounding community. In staff's view, the merits of the project remain years following its approval and it is unfortunate that the economic downturn of the "Great Recession" jeopardized realization of the original vision. Is In the interest of keeping the subdivision viable in the current economy, the Council has previously approved changes in the energy efficiency proposed from a net-zero iy performance standard to more readily i.mplementable Earth Advantagee standards as Iw well as changes to the property lines and open space for the cottage portion in Phase 1. The current request proposes to modify the open space areas in Phase 11 to create a more marketable development, but in so doing proposes to redefine the delineation of public and private spaces envisioned with the original Verde Village substantially. .L Staff has concerns that this redefinition has the potential to fundamentally change the development's approach to site planning, resulting in a much more conventional w subdivision with larger homes and more enclosure of the open space instead of a community of smaller homes clustered around an open, conunon green with a more open, fluid edge. The approved Development Agreement calls for the Final Plan to speak to community access and usability of the open space, and staff believes it is important that is the change from the more fluid, open common green of the original proposal to a more conventional, enclosed treatment of the open space proposed be carefully considered. ~I Planning Action 2016-00229 Ashland Planning Department-- Staff Report J dos Applicant: Verde Village Page 9 of 11 Staff is specifically concerned with the significant reduction in the side yard areas between residences, especially for those lots abutting the Ashland Creek Corridor and future public multi-use pathway. In staff's judgment, this will result in the elimination of the generous view Corridors designed to provide a visual connection to the natural area beyond. The original neighborhood design negotiated through Ashland's annexation process and presented in the outline plan approval embraced architectural and site planning creativity suggested in the Land Use Ordinance's Performance Standards Option. The result was a plan layout that was open and airy, focusing on spacious yard areas and open spaces central to the project and surrounding residences. In Staff's judgment, the proposed changes dramatically deviate from this approach, as well as the desired purpose of the Performance Standards Option, through the standardization of building envelope orientation and size, as well proposing predictable yard spaces between residences. In Staff s opinion, the new layout undermines the creativity found in the original design in order to substitute a more conventional subdivision plan. The Planning Commission may determine that these changes are in keeping with the Performance Standards Options Chapter and the original approval. In that event, staff would recommend that the Commission's recommendation to Council incorporate the t following conditions: 1) That all conditions of the applicant shall be conditions of approval unless otherwise specifically modified herein, including but not limited to: a. That fencing adjacent to the open space be limited to no more than four feet in lit height and that these fences shall be of an open constriction which does not obscure views from the open space area. b. That homes within Phase II shall not cast a shadow on the south wall of the home(s) to the north greater than would be cast by a six-foot fence constructed six feet south of the wall. Building permit suhrnittals shall clearly illustrate t< compliance with this standard. c. Lot coverage calculations shall be provided with each building permit demonstrating compliance with the proposed coverage allocations for Phase II. d. That homes in Phase 11 shall not exceed 2,500 square feet exclusive of standard garages and porches. e. That the proposed attached units shall obtain Site Design Review approval prior to approval of building permits. f. That the homes in Phase 11 shall be constructed to Earth Advantage Platinum Standards; be Photovoltaic Ready; be designed with optimum roof pitch and area for solar, and include an identified solar reserve area on building plans; Planning Action 2016-00229 Ashland Planning Department - Staff Report 1 dds Applicant: Verde Village Page 10 of 11 I and include electrical vehicle charging stations in each garage as proposed by the applicants. Building permit submittals shall include evidence of compliance with these requirements, and evidence of Earth Advantage R Platinurn/Photo-Voltaic Ready certification for each unit shall be provided by the applicants prior to the issuance of certificates of occupancy for each home. ~ 2) All conditions of the previous land use approvals and the approved Development Agreement and subsequently approved modifications shall remain conditions of i approval unless otherwise specifically modified herein, including but not limited 'j to the requirement that safe and free public access, and associated temporary f public access easements, to the Dog Park and Bear Creek Greenway be maintained during development. 3) That lots adjacent to open space shall provide standard side and rear yard setbacks for the zoning district as a minimum appropriate transition between the public and f private spaces. i 4) The single-family zoned Lots #66-68 in Phase 11 shall be included in the homeowners' association and subject to the CC&R's and all subdivision requirements. { C i i ~i ~z f 3 Planning Action 2016-00229 Ashland Planning Department Staff Report 1 dds Applicant: Verde Village Page 11 of 11 i r vi ~ ~v r ~t r t to ~ ~aalJS,B~ 3 NSEZ a~+tS,N,sbs ~ ~~1{Ud~llSd~ d~(~~Ul~}stl~ ~ ~ ~ s QZSL6 N093~Q ONbIHSd C S ~ 8uruu¢~dat~pue7~r,tarunwcu°~ ~ ~ o- ' ~ jj,~j~ jja ~uawd°~anaQguB,uapargeura~srtS i 3Jd~1~A 3a~3~ ° N ! ~ ~linS 133a1s .b. 5'~5 , ~ X ' '',_w. o ~ ~I~ZS~~I2I0~ ~ 3~ZS~2I2I0~ ~ V d u ~ ~ 0 0 m h U y '.O'-, ~ m~ p C 4 C> ~ ~ ~ o oa$ ~o ~ . a 3 rn o N ~a4 Uu~vp~+ yWmmh m~Z~om~ W ~ p mE` ~o nc~0°~ roy~ 0 , ~~c Yio~cv~• o°ati~ U],~o~m~ ~ Q,C2 ~ v,m mmrm,~ mot~~^ Nmcn,a,a ~.J J C > N ~ YYhQ.r ~ ~ ~t=,cMO~~ (7WU~jW` ~ Q a c 0 C ¢ ~ y ro y~ O O c t w 4 m ~O n `m ca C W c o, fi a ~ Rta m ~ v O ~ c. yCCO rn., D O N y O W ^ n C c U C ro ~ Vj BOO ~ ~ N^n m ea ,.Sa ti W?+m~°n U h W pO ~ o~u^ q `a me c cF"~C~ m O O m h. 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I t t ~r SIlI3mi,rTED TO CJTV OF ASHLAND PLANNING DEPARTMENT ASHLAND, OREGON SI.l-I3M111"11111) i1v URBAN DEVELOPMENT SERVI{:'ES, LLC. 604 FAIR OAKS C1'01* T ASHLAND, OR 97520 In addition to the Project Description and Findings of Pact ,for WILIIIA, LLC (Verde Village, Phase II), a land use application submitted on February 5rh 2016, to nnodifj) Phase II of the Verde Village subdivision's Outline Plan, including rnodif cation to property lines, building envelopes, detached units and landscaping plan, the applicants are providing the following addendinn to clarify the application proposal and to ansii)er questions raised by the Pla1177 ing Staff in their AlIarch 4t1' 2016, Letter- of Incompleteness. Application Fee: On Friday, February 5"', 2016, the application was submitted, including an application fee of $6,513. The clerical staff noted a discrepancy in the amount and asked the applicant to "hold the check until Monday" until a supervisor could confirm the correct amount. No confirmation was ever forwarded to either the applicant or the clerical staff based on e-mails, phone calls or multiple attempts for a direct inquiry. On March 0', the application was deemed incomplete for not including an application fee and delayed which obviously was no fault of the applicants and should have never been deemed incomplete. Regardless, included with the submittal of this addendum, an application fee will again be submitted. Procedural Questions: The Letter of Incompleteness included additional comments regarding the need for the applicants to submit an application that addresses a modification of the Outline Plan due to the fact there are measureable differences between buildings or square footages of buildings within the proposed application exceeding a 10% threshold and therefore a "modification of the Outline Plan" is necessary. However, the application submitted on February 5th5 2016 (front page in bold capitalization) states the proposal is to "Modify Phase 11 of the Verde Village Subdivision's Outline Plan, including modifications to property lines, building envelopes and the landscaping plan". Evidence within the submittal acknowledges the proposed modifications, including addressing the applicable criteria found in the AMC, Section 18.5.6.030 C. (Major Modification Approval Criteria) and AMC, Section 18.3.9.040 A.3. (Outline Plan Criteria). Comparison of Approved Plan vs. Current Proposal: The Letter of Incompleteness requests the applicants to submit additional information, through illustration and in writing, comparing the approved Outline Plan with the proposed Outline Plan as it relates to the project's site planning and underlying annexation approvals. To these points, the following comparisons have j been identified: s i 1) Small House Development: The original application in 2007 made reference within the E project's narrative that "small is beautiful" as well as "sustainable and affordable". The G applicants continue to agree with this concept and point to the fact the application in 2007 included not just this particular phase, but also 15 affordable townhomes ranging from 900 to 1,200 sq. ft., 24 cottages ranging from 540 to 1,400 and the subject single fcrrnily homes being limited to 2,500 sq. ft. 7 ownhonies (Phase I): The townhome units have been constructed as affordable dwelling units under the City of Ashland's Affordable Housing Program and for the last eight years have been occupied. At that time, the property where the townhomes sit was transferred free of charge to a non-profit affordable housing developer (RVCDC). Prior to the transfer, the infrastructure and streets were financed by the applicants at a cost of more than $200,000.. Tl -om 800 s1c. ft, to 1,200 sq. ft. No modification requested. 20 City Ash l , 9 Cottages (Phase I): The 24 smaller cottage units have yet to be constructed but infrastructure and roads are being installed at the time of this writing. The cottages are uniquely designed, clustered around a community garden and open spaces and accessed by shared common pathways with parking centrally located. Once completed, Almeda Street will be partially completed with sidewalks and parkrow on the east side abutting the cottage phase, providing direct access to the townhomc units. The units range from 540 sq. ft. to 1,400 sq. ft. No modification requested. * Single Rin ilh Hones (Phase II The project's 28 single family home lots will sit generally east of the townhomes and cottages, along the frontage of Ashland Creek and Nevada Street. The number of dwelling units, street pattern and public improvements associated with the new bike path and street improvements remain "as approved" and the only proposed modifications to the Outline Plan are noted below. The original plan showed three of the lots along Nevada Street, with building envelopes and standard setbacks. The remaining 25 lots "appear" to be footprint or pad lots with an outline of a residence, a garage and a driveway. Accompanying the plan included a narrative with a description that stated: o 25 Single Family, of ii,hich 19 are detached and 6 are owiched, featitring a connnon green, sift face conveyance of storm i~iwter in constructed trecttment i-vetlctnds, and attached garages. Size: inoxinunn 2,500 SF. * As noted within the February 5t", 2016 application and/or clarified herein, the applicants are proposing four modifications and a clarification to the Phase II homes which include: 1) Add property lines around 25 of the 28 single-family lots; 2) Add building envelopes within the property lines of 25 of the 28 single-family lots; 3) Enlarge and enhance the useable open space area between the homes; 4) Detaching 4 of the 6 previously attached units; 5) Clarify the maximum house size of the proposed homes. i 1) Property lines around 25 of the 29 single-family lots; i As illustrated on Exhibits "A" (Council Approved), the original Outline Plan did not include property lines for 25 of the subdivision's 28 single family lots. The applicants desire to now add the property boundaries for the 25 lots in order to delineate ownership boundaries and avoid confusion between property owners. The previous plan did not consider pet control issues, ownership values, privacy concerns or neighborly interaction. To these points, and as further explained below, the applicants believe over the lifetime of a home, home owners will desire to have a pet, landscaping they can maintain and be proud of that reflects on their individuality and a neighborhood where neighbors can interact on a daily basis. 2) Building envelopes within the property lines; Similarly, the original Outline Plan did not include building envelopes, but instead conceptual house footprints. As evidenced on Sheet Al, Alb, A 1 c and A17, the applicants desire to add building envelopes within the property lines in order to identify a home's construction boundaries and provide future home owners "some" flexibility in their floor lannin Note I ' important to clarify the building envelopes identified are not proposed house footp I instead "boundary limitations" that are necessary to retain private open space, provide for solar access and address spatial sensitivity. Further, it should be understood there are many adago , a ~ = factors that limit the actual size of a ]ionic such as lot coverage, setbacks, solar access, owner preference and maximum house size as committed herein. 3) Enlargement of the useable open space areas between the homes; There doesn't appear to be any indication within the original Outline Plan application, plans or narrative, indicating the purpose of the site's open spaces. It appears to be partially planted and unplanted passive open space. No trails or central focal points for neighborly interaction are apparent. Was it to be public or private open space? How were the garage walls, many of which sit adjacent to the open space, to be treated? Were windows and doors oriented to the open space or did the homes turn their backs onto the open space? The current proposal includes an integrated site and landscaping plan with components that create a natural surveillance plan with an "eyes toward the street/open space" philosophy. In general, the project has five open space areas, one of which is the site's wetlands and multi-use path corridor paralleling Ashland Creek. This area remains unchanged and no specific components Of the current plan are intended to change this relationship. The other four open space areas include the large central open space in the center, a small open space off the alley, a small man-made wetland adjacent to Lot #39 and a spur multi-use path leading fronn Almeda Drive to the main multi-use path. These open space areas are to be owned and managed by the Home Owner's Association, but where sidewalks and paths are proposed, public easements will be provided allowing for their public use. The large open space is intended to be an open green with plantings of trees and shrubs. A path extends to and thru the space in three areas. A small focal point anchors the space providing a neighborhood interaction point. The lots surrounding the open space area are designed with building envelopes to have homes with standard rear yard setbacks to reduce "mass" around the open space. Further, there are to be fence height restrictions within the project's draft CC&R's that prohibit fencing exceeding 4' so that the common space areas have a sense of openness. The smaller pocket open space off the project's alley is primarily intended to provide visual relief and buffering between that area's little node of homes. The open space is to be private and maintained by the IIOA. The short spur is a multi-use path meandering from Almeda Drive to the main multi-use path along Ashland Creek. The intent of the path is to provide an alternative pedestrian connection between two principal travel corridors. The path will be 6' wide, meandering between its 10' right-of-way. A 10' rear yard building setback, plus fencing abutting the path not to exceed 4' in height are plamled in order to avoid an enclosed feeling. Overall, the applicants contend the plan provides for more open space than originally planned (7,950 sq. ft. vs. 12,550 sq. ft.), is more useable (the previous plan had no plan) and has homes that now face the open space (AND street) providing "eyes on the street/open space" for a comfortable and enjoyable recreational experience. 4) Detaching 4 of the 6 previously attached units; The original application identified 6 attached units whereas the proposal includes 2 units. tie separation of the units was desired due to the fact 31 of the subdivisions 68 units wp,oLb y1, attached which the applicant's now realize a slightly smaller amount (27 of 68) would be more Of A, in-keeping with the course of the subdivision and create a more balanced approach when it comes to providing a mixture of housing types to the market. 5) C:lat•ification of the maximum house size of the proposed homes; The original application narrative stated "small is beautiful" and that philosophy (same applicants) remains today. However, it has always been the applicant's intention to exclude the garages from the 2,500 sq. ft. maximum. As such, the current application seeks to clarify the intent of the single family homes as being capped at 2,500 sq. ft. but not be penalized by including garages or porches within the cap. In reality, the applicants believe only a few of the homes would likely broach this level, but desire the flexibility in order to offer a variety of house types and sizes in order to remain competitive in the marketplace. Noce: It should be understood the original commitment by the applicants to include a variety of housing types and sizes within the Verde Village Subdivision remains true as the affordable Rice Park Townhomes (now constructed), the Cottages (pending construction) and the proposed single family residences within Phase lI will not exceed 2,500 sq. ft., excluding garages and porches. To this point, the single family homes to be constructed within Phase II, are not yet designed, but instead have a maximum cap of 2,500 sq. R. How the square footage is to be assembled, either a single story residence vs. a two-story residence, will eventually be determined by buyers who will have to work within the framework established herein and by City code, including solar access, lot coverage, building envelopes, driveway access, etc. The end result will be a variety of home styles within a neighborhood of mixed house sizes and types which is reflective of many of Ashland's favorite neighborhoods (Ashland Railroad District, Hargadine District, upper Iowa Street, etc.). In conclusion, the proposal is to modify certain components of the subdivisions Phase II area, but in the applicants' sincere opinion, the mod'lifications will notably improve upon a neighborhood that will be more desired and valued by its tenants. Over the last six months, the applicants have been adamant the original Phase II plans were intended to be more conceptual in nature and under the impression the City's Planning Department would allow some flexibility when it came down to individual home owner preference, but also admit they didn't truly understand the criteria and the identified building footprints they originally proposed "locked" them into a housing product they didn't truly envision. That said, it's clear to the applicant's current consulting team, the previous plan was not fully vetted or the criteria fully understood by the applicants as the previously approved plans would have created a development that felt like a government designed cominunal housing project that would have had little life and/or individual i expression. For these reasons, the applicants are proposing the modifications as outlined above and within i' the February 52016 submittal. The applicants and consulting team hope the Planning Commission and City Council enthusiastically concur, especially considering the applicants have already provided and exceeded their affordable housing commitment with Phase I, will provide a residential subdivision with a variety of house types, sizes and styles surrounded by accessible open space, wetlands, bio-swales and a public bike path and are now proposin& ~Oc_ ~ f1g ~ homes in Phase 11, adjacent to the City's Dog Park and Sewage Treatment Plant, to be Earth Advantage Platinum, have Solar Reserve Area's for the roofs, be photovoltaic read3 - i rl i lclua vehicle charging stations in each home's garage, Overall, the applicants believe the modifications proposed herein offer a significant improvement and go considerably beyond any typical subdivision found in Ashland. i i i i i i i Al ~ s Vii' COIORKEYIEGEND: j` / ~ = 2007 OUTLINE PLAN HOUSE FOOTPRINT / r ~ / = 2007 OUTLINE PLAN GARAGE FOOTPRINT ~ _ / ~ • ` =BUILDING ENVELOPE (ALLOWABLE BUILDING ZONE PER SETBACKS) ~ ~ =PROPOSED LANDSCAPED YARD BUFFER (WHERE APPLICABLE) 1 / , ~ ' =PROPOSED PUBLIC OPEN SPACE & LANDSCAPING ~ J ~ (SEE TOTAL AREAS IN NOTE BELOW.) f / / / r ~ / . , ~ / ~ - ~ , ~ ~ y PROPOSED REAR .f..J~ I ~ T 4 LOT 38 ~ ~ ~ ~ / ~ ~ YARD SETBACK ~'Y~ LOT39 ~ ~,38blDTAR~1 A 5,0991OTARE~, 1 ~f^"'`'~ lLOT 37 ' ~ \ ~ ~ l 3 7,8831OTAREA ~ ` ~ ~ r r ~ OPEN SPACE ~ f t , _ ~ ~ . L ~ ~ I ~ ~ _ e.. ~ t •,s~ ._...,~q_ ~ ~ - fir--.-,-,~. ~ 4 - LOT 36 ~ _ - A ~ ~ ~ ~ 6,5621OTAREA ~ ~ , ~ : ~ ~ ' t - TYPICAL BLDG. ENVELOPE INSET _ ~ _ - , I ~ - LOT 49 5,117 lOT AREA _ ~ ~ , ; s ~ _ i / T , a„ 4,,41QLOTAREh '~~1'~LOT9~•w4.. % SEE ~~S~I QVQ~~ ~ ~r ~ T48 , w,.i , ~ ~i ~ 6,1111OTAREA ~ ~ ~ ; 5,31 IOTAREA , J ~ /i~ _ - ;1~ '~`r r~ I is i ~ Lo ~ i ~ ~ LOT 47 ' ~ I Ie 5,64 OT ARER 5a2S3lOTARE~~, ~ i 4,71960TAREA f / FOCALPOINT o I tl~ ~ / S / ISLE LtNDEGPE PU") T ~ , ~ ~ r / , y: - . / I - ~ , , ~l . . • ~ / . ~ Lomb 0 P E h SPACE "`~tta~,92 ~ ~ ~ '_I , ; Lor s3~°, ~ ~ ~ti~ / / 4,92410~AREA 12 S50 $.F. I r / . / ~ ~ ~ b,311lOTA ( 5,7b5lOTAR~ / ~ ~ ~ _~h~ 1, ~ ~ ' ~ r,~,~%~~,, ~ \ 5,SB7lOTAREA i ~ R. / ~ ,i i ' ~ i ~~A . \ ~ I 5,21610TA~E1t`~.... ; ~ ~ ~ J ~ ~ / ~ ~ ~ i. a./~ k , A ~ ~ ~ ~ i~/'~ ~ . ~ ~ ~ 7,ozzaoraeEA , ~ ~ ;,y , _ . 7,10310TAREA'".«, ~ Ir ~ni , k. ~ h ~ LOT 31 y'`' ~ ~ 8,2411OTAREA i . , . , . ~ , ti, / ji ~ l_l I / J ~ fl w .,y._ ~ LOT 30 ~ a "'r ! ~ / ~ 9,33810TAREA ~ G ~ ~ ~ SEE COLOR K ~ ' , i - ,t ~ y ` ~ ~ I ~ ~ ~ 5,60200~AREA ~ , ~,Y ,r'~Y ~ / / LEGEND ABOVE ~ `LOT~~ ~//J~ ` ~ ~ ~r'y'y~ ~~I ~ ~ ~ S,B12t0TAREA~ OPEN SP E ~ 1 ~ ~ ~ 1,320 f ~r f ~ ~ ~ LOT 25 ~ ; ~ ~"'"~51841OTAREA ~ NOTE: -t-~ 2007 OPEN SPACE AREA - 7,950 S.F. ; ~ <;r ~ ~ EW OPEN SPACE AREA -16 414 S.F. ~ ' ~ ' T, ~ ~ ~ I~ ~ LOT 27 g,377lOTAR~~`pp + r ~ b,D53lOTAAEA ~ 7` ~t ~ ~g. I~ ~ LDG. ENVLPS. W/ OVERLAY ~ ` ; ~ ~ ~ I! ~ y ~l • C? ~ ~ LOT 6 ~ LOT 67 ~ ~ , 111 nn ~1 rpu "wY REVISED MAR.11, 2016 0 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320 340 360 380 400 FT r ~ ~~R ~ ~,o a ~ , , :u~ K z ~._e_~._~~ ~x~~<^~ T~ ~ ~ ~ ~ ~ $ ~ o ~ VERDE VI LLAG E mo~w~~~ KDAHomes E ~ m ~ ~ Suncrest m s ~ o T Dh~re II ftutlinn Dhn AMrlifiratinn h,,,i~  1 Q o 1114~G II! VYLI1111 ~u++ n+wn+~uuvu Mali. ucvcwN. vu v Homes LINDEMANN DESIGN LLC COLOR KEYLEGEND: ~ 2007 OUTLINE PLAN HABITABLE FOOTPRINT -1,615 S.F. (LOT 47} - 2007 OUTLINE PLAN GARAGE FOOTPRINT - 440 S.F. (TYP.} i - l 1 ~ =IDENTIFIED HABITABLE FOOTPRINT -1 654 S.F. T / I~ / , / , . (LO 47 EXAMPLE) i j =IDENTIFIED GARAGE FOOTPRINT - 440 S.F. (TYP.) / i~"~ / / ~ ~ / ~ =PROPOSED LANDSCAPED YARD BUFFER - 807 S.F. (LOT 47) / ~ / ~ / ~ =PROPOSED PUBLIC OPEN SPACE & LANDSCAPING / ~ ~f % ~ (SEE TOTAL AREAS IN NOTE BELOW.) / I ~ • / , ~ PROPOSED REAR ~oT3s . ~ \ / _ ~ ~ YARD SETBACK I~' LOT 39 5,38610'AREA \ / # ~ LOT 37 \ ~ 1,883 tOTARFA I~ ° ~ OPEN SPACE ~ ~ -~~~i ~ ~ ~ ~ ~~~4S.F. ~ i~ \ ~ o. i~ = , _ t, ~ . _ ~I i ~ . _ ~ ` ` _.~_.~,,,e_.,,., TYPICAL HOUSE FOOTPRINT INSET , ~ ; ~ y .I ~ i ~ i ~ ~ 4 r14 , , ~ ~ / / L T49 5,1171OTARFA ~ ~ ~ ~ 1 1 441 IOTARFA ~ ~ SEE hIS~T ~~OVE ~ ~ ~ . T 46 ~ ;f ' ~ ` ~ j ~ 6,111 IOTAREA i ~ 5,31 L T ARFA ~ - ~ 1 I• _ i~~ ~°'~~j l~ i I ~ LO'f 47 ~ ~ ~ 4,71~tOTAREA ~ ~ t.OT34 y ~ ~ 5,23 tOTARFd dd ;j'r~~' r j ~ ~ ~ ~ ~ ~ 1 5,b4410TARFA 5 ~ ~!r 11 ~t; ' , / / FOCAL POINT 7~ . ~ ~ ~l .~~4., ~ , / Y / / / ISEE UNDSW[MNI I f / ~r A. ~ ~ DoT b OPEN SPACE ~T ~ ~ ~ 12,55DS.F. 6,3111OTA ~ ~ ~ f'~ 1bSlOTAR 4,42410 AREA ~ ~ 2 / ~ ~ ' LOT 33 f?~. ,~jj ~ f---..~ /fib ~ % f, ,l^ ~ \ 5,897 tOTAREA ~ ~ l ~ / ~ I . l ~ A V . - ~ ~ • ~ / ~ / , ' n:;,~ ~ ~ ~ ~ 7,02 LOT ARFA ~ ,,i~~.~ ~,.a ~y ~ V / ~ I t~ > ,I tOT30 ~ ~ ~ ~ , BIOTAR ~ ' . 533 FA _ ~ OLOR KEY ~ , SEE C . ~ ~ ~ ~ ~5,60~OTAREA ~ ~ i ~X ~ 5,912tOTAREA OPEN SP LEGEND ABOVE ;~~~~~a''~; t, ~ 1,320. a" ~ ~Y~ iwrs , ~ / ~ , ~j "l ~ ~ _ ~ ; i ~ ~ ~ lOT 25 I . , ~ ~ ~ ~ 784tDTARFA ~ ~ ~ I i ~ ~ 7 OPEN SPACE AREA - 7,950 S.F. _ ; ~ OPEN SPACE AREA-16,414 S.F. 'i ' ~ b,OS~OTAREA 8,3771OTAR i 2007 CF. PROPOSED FOOTPRINTS i B 1.60 ~ I I------ - ~ ' LOT b7 ~ t ~ lOT 6 1,,_.'.~:~ .nr. REVISED MAR.11, 2016 0 40 60 80 100 120 140 160 180 200 220 240 260 280 300 320 340 360 380 400 FT W ~ r,~ g b a m o e N N VERDE 1(IIIAGE KDAH o m es ~ ~ m Suncrest  PLO YhaSe n, Ulf ine Ylan IVIoauncavon plan, develop build Homes a LINDEMANN DESIGN LLC PROJECT DESCRIPTION AND FINDINGS OF FAC;'I' FOR WILMA, LLC (VERDE VILLAGE, PRASE II) FOR A A. PROPOSAL TO NIODIF-V I':IIASE, II OF THE VERDE VILLAGE SUBDIVISION'S OUTLINE PLAN, INCLUDING MODIFICATIONS TO PRnPE'RTY LINES, BUILDING ENVELOPES AND THE LANDSCAPING' PLAN w T " 14 71 * too ~ a. i ~ *'J", a • r ~K7 i.. _ n~ ~ f -"3 ~d a~~ ~ ice:' tf n.^!.•' ~ x{ ~ Ufa M • -aI~ ~ 'a S ' ~ tl a IL` "L. r" } r ,t~ jtl'~°e• E: • `p_e"~f`! p r~i , °''!R°S 3 P a°e-~`~"'S-~, #:.1,,,7_• cam. 4~' ~ ~ ~i tr. SUBMITTED TO CITY O ASI-ILAND PLANNING DEPARTMENT ASHLAND, OREGON St."11 MITTI BY URBAN DIrWELOPINIEN`I' SERVICES, LLC. 604 FAIR OAFS COURT ASHLAND, OR 97520 FE'BRIJARY 5"~, 2016 R rE C 1V E F 2016 C" of Ashland I. PROJECT INFORMATION: PLANNING ACTION: The applicants are requesting to modify Phase lI of the Verde Village Subdivision's Outline Plan, including modifications to property lines, building envelopes and the landscaping plan. The application also includes various clarifications relating to the subdivision's fine points. LEGAL DESCRIPTION: 391E 04B Tax Lots 1100 and 1400 OWNERS: WILMA, LLC 744 Hehnan Street Ashland, OR 97520 APPLICANTILAND USE PLANNING: SURVEYORS: KDA Homes, LLC LJ Friar & Associates 604 Fair Oaks Court 1585 Siskiyou Boulevard Ashland, OR 97520 Medford, OR 97504 Tel: 541.821.3752 Tel: 541.772.2782 LANDSCAPE DESIGNER: Madara Design, Inc. 2994 Wells Fargo Road Central Point, OR 97502 Tel: 541.664.7055 BUILDING DESIGNER Lindemann Design, LLC 550 W. Nevada Street Ashland, OR. 97520 Tel: 503,866,4742 COMPREHENSIVE PLAN DESIGNATION: Single Family Residential ZONING DESIGNATION: R-1-5 and R-1-7.5 ADJACENT ZONING/USE: WEST: R-1-3.5; Suburban Residential, Phase I - Vacant EAST: Exclusive Farm Use (County) Single Family Residential S OUTH: R-1-5; Single Family - Residences NORTH: R-1-3.5; Suburban Residential - Rice Park Town-homes LOT AREA: Total Area: 5.3 acres 2 Applicants' hntroductojy Continents: Our fanuly has owned the subject proper of since 1906 and as the original applicants for the Verde Village SubdiWsion, 1-t)e have gone through significant strides to provide a development that is sustainable and livable for future Ashland citizens. We have been confronted by many obstacles _PNor• to and since the apficatiorr's original approval in 2007, but remain focused on creating a development that i,i~e can be proud of, In this regard, ii~e strongly believe the application herein, along i,Oth the "already" constructed affordable ho using phase and the small cottage phase 71014) pending construction, i-mill be a far superior and conscientious subdivision when compared to other subdivisions here in Ashland. Oi)erall., we are excited to incorporate the modifications noted herein and move for-War•d 1~i)ith the final phase of the project and hope the Planning Staff, Commission and City Council agree. 11. PROJECT PROPOSAL & DESCRIPTION: Proposal & Description: A request to modify the Outline Plan for Phase Il of the Verde Village Subdivision. Phase 11 consists of 28 single-family lots, public open spaces and public multi-use paths. Phase II is part of the original Verde Village Subdivision application which included 15 affordable housing units, 24 smaller cottages and one single-family lot within Phase 1. The affordable units have been constructed and are now occupied and, at the time of this writing, the infrastructure for the streets to serve the small cottages is under construction. The applicants have consistently maintained the site planning for single-family portion of the Verde Village Phase II area was conceptual and that prior to Final Plan approval, clarification of the homes property lines, building envelopes, conunon area landscaping, etc, would be provided. However, based on discussions with the City's Planning staff, the footprints, driveways and orientation of the single-family homes are filial within a 10% deviation unless an application to modify the Outline Plan is submitted which includes review by the Planning Commission and adoption by the City Council. The process would also include a second submittal for the Final Plan as required by the City's Land Use Ordinance, but subject to Administrative Approval. The modifications of the Outline Plan for Phase II include the following: 1) Property lines around the 25 of the 28 single-family lots; 2) Building envelopes within the property lines; 3) Enlargement of the useable open space areas between the homes; The proposal also clarifies components of the Outline Plan including the following: j 4) Clarification of the maximum house size of the proposed homes; 5) Clarification of Solar Access for the proposed homes; 6) Commitments by the applicants to be included with each home; 7) Clarification of Site Review Permit for Duplex Units (Lot 45 & 46) 8) Clarification relating to the conditions of approval as set by the Development Agreement and amendinents thereof (ORD #2945, 43092 and #3110). 3 1) P -operty lines az•ound the 25 of the 29 single-family lots; As illustrated on Exhibit "A" (Council Approved), the original Outline Plan did not include property lines for 25 of the subdivision's 28 single family lots. The applicants desire to now add the property boundaries for the 25 lots in order to delineate ownership boundaries and avoid confusion between property owners. The previous plan did not consider pet control issues, ownership values, privacy concerns or neighborly interaction. To these points, and as further explained below, the applicants believe over the lifetime of a home, home owners will desire to have a pet, landscaping they can maintain and be proud of that reflects on their individuality and a home where neighbors can interact on a daily basis. 2) Building envelopes within the property lines; Similarly, the original Outline Plan did not include building envelopes, but instead conceptual house footprints. As evidenced on Sheet Al, the applicants desire to add building envelopes within the property lines in order to identify a home's construction boundaries and provide future home owners "some" flexibility in their floor planning. Note: It's important to clarify the building envelopes identified are not proposed house footprints, but instead "boundary limitations" that are necessary to retain private open space, provide for solar access and address spatial sensitivity. Further, it should be understood there are many additional factors that limit the actual size of a home such as lot coverage, solar access, maximum house size, owner preference, etc. 3) Enlargement of the useable open space areas between the homes; There doesn't appear to be any indication within the original Outline Plan application, plans or narrative, indicating the purpose of the site's open spaces. It appears to he partially planted and unplanted passive open space. No trails or central focal points for neighborly interaction are apparent. Was it to be public or private open space? How were the garage walls, many of which sit adjacent to the open space, to be treated? The current proposal illustrates an integrated site and landscaping plan. In general, the project has five open space areas, one of which is the site's wetlands and multi-use path corridor paralleling Ashland. Creek. This area remains unchanged and no specific components of the current plan are intended to change this relationship. The other four open space areas include the large central open space in the center, a small open space off the alley, a small elan-made wetland adjacent to Lot #39 and a spur multi-use path leading from Almeda Drive to the main multi-use path. These open space areas are to be owned and managed by the Horne Owner's Association, but where sidewallts and paths are proposed, public easements will be provided allowing for their public use. The large open space is intended to be an open green with plantings of trees and shrubs. A path extends to and thru the space in three areas. A small focal point anchors the space providing a neighborhood interaction point. The lots surrounding the open space area arc designed with building envelopes to have homes with standard rear yard setbacks to reduce "mass" around the open space. Further, there are to be fence height restrictions Ewithin the project's draft CC&R's that prohibit fencing exceeding 4' so that the common space areas have a sense of openness. 4 The smaller pocket open space off the project's alley is primarily intended to provide visual relief and buffering between that area's little node of homes. The open space is to be private and maintained by the HOA. The short spur is a multi-use path meandering from Almeda Drive to the main multi-use path along Ashland Creek. The intent of the path is to provide an alternative pedestrian connection between two principal travel corridors. The path will be 6' wide, meandering between its 10' right-of-way. A 10' rear yard building setback, phis fencing abutting the path not to exceed 4' in height are plarur.ed in order to avoid an enclosed feeling. d) Clarification of the maximum house size of the pi-oposed homes; The original application narrative stated "small is beautiful" and that philosophy (same applicants) remains today. However, it has always been the applicant's intention to exclude the garages from the 2,500 sq. ft. maximum. As such, the current application seeks to clarify the intent of the single family homes as being capped at 2,500 sq. ft. but not be penalized by including garages or porches within the cap. In reality, the applicants believe only a few of the homes would broach this level, but desire the flexibility in order to remain competitive in the marketplace. Note: It should be noted the original commitment by the applicants to include a variety of housing types and sizes within the Verde Village Subdivision remains true as the affordable Rice Park Townhomes (now constructed) range between 800 and 1,200 sq. ft., the Cottages (pending construction} will range from 800 to 1,200 sq. ft. and the proposed single family residences within Phase It will not exceed 2,500 sq. ft., excluding garages and porches. R 5) Clarification of Solar Access for the Proposed homes; All structures in the planned unit development will comply with Solar Setback Standard "A", as required via the Development Agreement, Condition #22, in that the shadow cast I by the highest shade producing point of any southerly structure is less than or equal to the shadow cast by a 6' high hypothetical fence that is 6' south from the structure to the north, on which the shadow lands. Given that internal property lines are deemphasized to enhance the sense of community, the applicant proposes to submit future house plans that comply with Solar Setback Standard "A", based on the hypothetical 6' fence and building setbacks rather than based on private lot sizes. Each building permit will include verification that Solar Access Standard "A" has been met for simple administrative review. That proposal includes four Solar Study illustrations, Sheets A2 - A5, illustrating different angles, profiles and a standard cross section in order to demonstrate all of the proposed homes comply with Solar Setback A. Further, the application plan submittals, narTative explanation and findings of fact herein are intended to address the proposed modifications, clarify various details and justify how the current proposal remains compliant with the City Council's original approval and amendments. To this end, the applicants have compared the proposed plan to the City's recently adopted Solar Orientation Code, Section 18.4.8.050 which states: 5 , r, A. Sheet and Lot Orientation, VVhe7°e the site and location permit, layout neiv streets cis close as possible to a north-south and east-ivest axis so that lots and buildings ii,ithin the street nehi)ork hcn7e south facing sides for maximum solclj° access. B. Building Orientation. Where the site and location permit, orient buildings so that the long- sides of the sti,zrcture face north and south. The subdivision's street design has not changed and remains as originally approved. Buildings, roads and infrastructure are in now in place based on the original plan which took into account a variety of issues such as solar orientation, but also a neighborhood circulation pattern for vehicles and a pedestrian and bike circulation along Ashland Creek in order to create a diverse design. To this end, the lots and buildings within both Phase I (existing town-homes and pending cottages) and Phase II (single family homes) retain the network of streets as approved by the Council that allow the homes to have south facing sides for maximum solar access. As evidenced on Sheets Al A55 the applicant's proposal to add property lines and building envelopes continue to provide ample opportunity for homes to be oriented towards the south, Sheets A10 and A16 have been generated to illustrate this fact. Further, the applicants' commitments, as described on Page 7 below, to: 1) Provide photovoltaic ready homes with installed conduits and circuit breakers; 2) Design each home with an optimum roof area that has an azimuth within 50 degrees east or west of true south and a roof pitch not exceeding 30 degrees; 3) Identify a solar reserve area on each home, submitted with each building plan and 4) Include within each garage a 240 watt circuit breaker to accommodate electrical vehicle charging are in keeping with the intent of the code and the Council's original findings. 6) Clarification of commitments by the applicants to be included with each home; The applicants have attempted to include a variety of curvilinear walking paths and open space areas intermixed within the subdivision in order to humanize the neighborhood. Further, the applicants have configured the lots so that they are primarily north to south oriented to capture as much solar access as possible without losing the opporhinity to create a variety of housing types and designs, In addition, the subdivision includes a "hybrid" sidewalk and pail{ row design that includes a meandering sidewalk and landscaped bio-swale that significantly exceeds City standards, Finally, each house will include a minimum 6' x 8' porch at the entrance and oriented towards the public right-of- way where as the previous Outline Plan appeared to turn the homes' backs to the street. Note: It's important for the applicants to convey the original Outline Plan for Phase II was conceptual and not a final proposal (e.g. "outline" vs. "final"). The Outline Plan illustrated conceptual house footprints without property lines, without house designs and without common area landscape concepts. In this regard, the applicants contend the conceptual plan simply illustrated house locations and circulation ideas. To consider otherwise would have generated serious flaws the applicants believe are now better understood and have since been colTected and clarified with this application. In - fi 1 particular, the original outline plan for Phase II included a streetscape primarily lined with excessively long driveways and garage facades (snout houses) that not only were - environmentally and functionally inappropriate, but dehumanized the public streetscape, 6 i If one looks closely at the conceptual footprints, the original designers did not consider porches, did not consider streetscape aesthetics or neighborly interaction opportunities (or probable disagreements). Overall, the applicants contend the previous design would have failed and that the proposed modifications herein provide for a superior subdivision design that takes into account a variety of important land use philosophies, neighborhood amenities and Comprehensive Plan Policies. Further, the applicants are proposing specific commitments they believe exceed current City regulations and policies relating to conservation housing. In this regard, the applicants have teamed with TrueSouth Solar, a local solar panel installation company, to assist with initial home design and marketing concepts to help educate the project's designers and home buyers to ensure the applicant's commitment to a conscientious community is being carried out. These include the following commitments: A. Earth Advantage "Platinum". The applicants are committed to Earth Advantage Gold, but believe the higher standard is achievable with each of the proposed homes and agree to stipulate to the higher standard; B. Photovoltaic Ready Homes: Currently, the applicants are committed to ensuring each home will be "photovoltaic ready" which essentially means each home will need to have wiring and/or chases to connect to potential photovoltaic units on the roof. This commitment remains unchanged. However, the applicants are also proposing that each home include, and illustrated with the building plans: The optimum roof area that has an azimuth within 50 degrees East or West of true South and not exceeding a roof pitch of 30 degrees (Solar Reserve Area - see below). This area is identified so that during construction a 1" EMT conduit is run from this area down to the main electrical panel is installed and read to go with the correct number of circuit breakers. This area shall be designed to be 12" away from any roof ridge or valley C. Solar Reserve Area (SRA): A Solar Reserve Area is an area on a home's roof that is: 1.) optimally designed to accommodate solar panels without disruptions by vents or other penetrations. Illustrations have been provided on Sheets AN and A15, but the applicants are willing to stipulate that with each house plan submitted, the Solar Reserve Area will be identified for staff's verification (note: this is also very important for contractors and subcontractors to have during a home's construction); D. Vehicle Charging Station: Each home's garage will include an outlet with a 240 watt circuit breaker to acconunodate electrical vehicle charging; 7) Clarification of Site Review Permit for Duplex -Units (Lot 45 and 46) The applicants are not proposing to obtain a Site Review Permit at this time for the attached units located on Lots 45 and 46. The applicant will submit a Site Review Permit application prior to construction similar to other subdivisions within the area where attached housing is intermixed with detached housing. 8) Clarification relating to the conditions of approval as set by the Development Agreement and amendments thereof (ORD #2945, #3092 and #3110). z r r The conditions of approval included beloi-v relate to the entire Terde Tillage subdivision as approved and arn.ended b}> the Ashland City) Council under Ordinance 2945 and amended by Ordinances 30,92 and 3119. Phase I is partially completed ivith the Rice Parlc Residential Toivnhornes (affordable units) and the remaining portion of Phase I, the Cottages, are pending construction. 1=Ioivever, the proposal herein specif tally relates to Phase II, the Single Family area of the subdivision. I ) Affordable _Housing Requirements, A deed restriction shall be recorded for the towel home portion of the development specifying the land is required to be developed as affordable units in accordance with AMC 18.06.030.G(5) and in conformance with the approval of PA 2006-01663. The deed restriction shall require the affordable units to remain affordable per Resolution 2006-13 for a 60 year period from initial occupancy. The town ]ionic area shall be serviced with all needed public facilities. The deed restricted land shall be dedicated to a non-profit (IR.C 501(3)(c)) affordable housing developer or comparable Development Corporation with proof of the dedication and deed restriction being presented to the City of Ashland Housing Program Specialist prior to issuance of a building permit for the development of the first market rate residential unit. The deed for the land conveyed for affordable housing purposes shall include a reverter to the Owner or deed restriction requiring conveyance of the property to the City of r Ashland if the affordable housing development is not fully developed in accordance with the approval of PA-2006-01663 within five years of this approval, unless administratively extended pursuant to Exhibit F. In the event the property reverts to the Owner the Owner shall thereafter convey the property, without encumbrances, to the City of Ashland, for affordable housing purposes. City may accept or reject the offer, but the owner shall not be relieved of the obligation to convey the property to another approved provider of affordable housing. All the affordable housing units shall be Net Zero Energy Ready as j provided in Condition 12 below. I'h.is condition has been inet. In 2008 the applicants had installed a portion of Alrneda Street, including infrastructure, at their cost and gave the subject propero to the Rogue Talley Development Corporation in order to comply ivith the 00)'s affordable housing requirement A-IC 18.06.030. G(5). The Rice Park Tor-vnhomes have been constructed and are not,j) occupied. Unfortunately, due to the recession, the applicants have carried the expense since 2008 crud only until recently has it been deemed a inarketable project. 2) Annexation Sequence. The sequence is set forth in Section 16 of this Agreement. Property comprising Phase I shall be annexed first. The land dedicated to the City for parks purposes adjacent to Ashland Creep shall be annexed second. Following such Park annexation, Phase II of the project (single-family development) may be annexed. This condition has been met. 3) Applicant's Proposals: The applicant agrees that Project shall be constructed to the standards as proposed in the application, and as finally approved by the Council, including supporting documentation as entered into the record. All proposals of the applicant are conditions of approval for purposes of enforcement. 8 Ordinances #2945, #3082 and #k3092 relating to this parlicular° subdivision and its Dei)elopnient Agreement and Conditions of Approval hai~e been adopted by the Ashland City Council and already have or 1-vill be cor1stFUcted cis approved. 4) Archaeological Artifacts: In the event of discovery of archaeological artifacts curing project construction, the Owner shall stop construction in that area and notify the City and the State of Oregon. Proper protection and/or relocation of artifacts, to the satisfaction of State and Local approval authorities shall be provided by the Owner, prior to recomillencement of construction. The applicants are aware of this particzdar condition. To the best of the applicant's I0101-14edge, 770 archaeological artifacts ii~e7°e found on the subject propertj) during the construuction of the Rice Park Toi,mhorws. Regardless, in the event of a discovery duffing .Phase II, construction will slop and the Cite and State Of Oregon's Archeological S'erwices Department still be contacted for- appropr°iate direction. 5) Ashland Creek Riparian Corridor Enhancement and Mitigation. The Owner shall be solely responsible for the restoration and enhancement of the area of the Riparian Corridor that is disturbed in the construction of the multi-use path and four (4) feet on either side of the multi-use path, to be conveyed to the City as part of the land exchange. A mitigation plan prepared by a riparian biologist or a natural resource professional with training and experience in biology, ecology or related fields for the impact of the construction of the multi-use path in the riparian corridor and to address the 10-f_oot wide riparian corridor buffer. The riparian corridor buffer is the setback between the new eastern property line adjacent to the Ashland Creels riparian corridor and the single family homes and yards for units 68, and 25 -39, and is delineated as common area in the application materials. Disturbed areas from the multi-use path construction shall be re- vegetated and an additional area restored and enhanced with local source native plant material including ground cover, shrubs and trees at a 1:1.5 ratio, erosion control material shall be applied (e.g. mulch, hay, jute-netting, or comparable) and temporary irrigation facilities installed. The mitigation plan shall include but not be limited to a statement of objectives, measurable standards of mitigation, an assessment of riparian corridor functions and values, a statement and detail plan of the location, elevation and hydrology of the mitigation area, a planting plan and schedule., a monitoring and maintenance plan, a contingency plan and performance guarantees. The applicants shall install the mitigation measures in the approved mitigation plan in conjunction with the multi-use path installation. The Final Plan application shall include a mitigation plan (see contract required plant materials). The Contract for Installation of Plant Materials with Security acceptable to the City Attorney and Planning Director shall be submitted for restoration and enhancement consistent on or before the commencement of construction as specified in the Timetable of Development. Exhibit R-1, subinitted in 2008 and later amended by the City Council via Ordinance 93092, addressed this condition. The applicants intend to construct the Proposed bike path and restore and enhance the adjacent riparian corridor in compliance i,vith the Council's niodif ed approved plan. Further, a security deposit based on the riparian area's restoration. 1-vor1c has been submitted to the Co). No modifications to the R-1 plan are proposed 6) Boundary Description. A final boundary description and map shall be prepared in accordance with ORS 308.225. A registered land surveyor shall prepare the description and map. The boundaries shall be surveyed and monuments established as required by statute subsequent to Cotrricil approval of the proposed annexation. This condition has been niet. 7) Covenants Conditions and -Restrictions. A draft copy of the CC&R's for the homeowners association(s) shall be provided at the time of Final Plan application. Lots 65 - 68 shall be included in a homeowners association and subject to all subdivision requirements. CC&R's shall describe responsibility for the maintenance of all common area and open space improvements, parluows and street trees. CC&R's shall provide reciprocal easements for residents of the various homeowners associations (i.e. cottages, town homes and single-family residential) to access and use all of the project open spaces. CC&R's shall note that any deviation from the Tree Protection Plan must receive written approval from the City of Ashland Planning Department. That the CC&R's identify the units are which are subject to the City's Affordable Dousing requirements and terms of affordability. The OCRs shall include reference to the administrative enforcement provisions of this agreement and the ability of the City to enforce and assess the association for the maintenance of common areas, including the association's responsibilities for maintenance of the storm water areas offsite. The Final Plan submittal shall address the usability, including Verde Village community access, of the private open spaces. Usability shall be specifically addressed for the two small open spaces in the town home area (550 sf and 700 sf), one small open space in the cottage, area (1,300 sf) and the one small open space adjacent to the alley 1;310 sf). Layout and landscaping of the open spaces as well as any improvements such as play equipment shall be detailed in the Final. Plan submittals. Included ivith the Final Plan application r-vill be a draft copy of the project's C(' R'S for• j the Verde Village Horne Oivner°'s Association. Lots 65 68 r-vill be ancluded in the CC&R's. The CC&R's will describe the responsibility) fore the 7aintenance of all common areas and open spaces improvements, riparian areas, r-vetlands and street trees. In regards to the private open space areas noted, the proposal herein is specifically for Phase H. It, should also be noted the open space area ivithin Phase R has groivn and been irnproved ty)on substantially iwhen compared to the original Outline Plan's version r-vhere the overall, open space area within Phase II was r-ortghly 11, 210 sq. ft. and the proposed open space areas (3 total) c7°e 77014; 16,414 sq. ft. (46% increase). Further, whereas there ivas "no plan " to the open space areas and f -om all accounts, this arect i-t)as intended to be passive open space ivith little to zero facade orientation or provide little to zero neighborhood interaction, the current pr'oposcrl clearly delineates the open space as a j user friendly environrwni ivith a through walking path and private yard areas that not only orientate to the open space, but also provoke neighborhood engagement with it. To E this point, no fencing iidthin 10' of the open space (excluding the side yard area of Lot 39, will exceed 4' in height and each building -iwdl setback r-vill be at least 10' from the rear property line. i i 10 t i 8) Curb-Cut Compliance. The Final Plan application shall include revised and corrected driveway curb-cuts for units 45 and 46 - spaced at least 24--feet apart as measured between the outside edges of the apron wings of the driveway approaches in accordance with the Ashland Street Standards. The proposed plans comply i-►;ith the Qy's Street Standards for° ch-Neii)ay cza-b-cut dimensions. The projects final civil improvement plans i-gill also incorporate the noted standards. 9) Easements: Buildings or permanent structures shall not be located over easements, including but not limited to the sanitary sewer pressure line easement. To the best of the applicant's knoi,i*dge, no buildings or° structures ar°e located over easements. The propero has been sztrveyed for all easements and the subject exhibits, including preliminary Civil Engineering Plans, Site Plans, Landscaping Plans, etc., have based their information on the site's survey. 10) Endangered Species: In the event that it is determined that any representative of a protected plant or animal species pursuant to the federal, state, regional or local law, is resident on or otherwise is significantly dependent upon the Verde Village property, the Owner shall cease all activities which might negatively affect that individual or population and immediately notify the City of Ashland, State of Oregon and the U.S. Fish and Wildlife Service. Construction may resume when proper protection, to the I satisfaction of all agencies, including the City, is provided by the Owner. Similar- to Condition #4 above, the applicants are cnvare of this particular condition. To the best of the applicant's laivi (edge, no endangered species were foztnd on the subject property during the construction of the Rice Park Torvnhornes. Regardless, in the event of a discovery dw-ing Phase II, construction i~i)ill stop and the City and the appropriate Stale and Federal Agencies ii)ill be contacted for appropriate protection. 11) Energy Conservation: Earth Advantage Program. A minimum of 53 of the residential units shall qualify in tl-ie City of Ashland Earth Advantage program with at least a Gold rating. That a minimum of 53 of the residential units be constructed as Photovoltaic Ready. i As noted above, it is the applicant's intent to make "all" of the units within Phase II i Earth Advantage "Platinum " (exceeding the Earth Advantage Gold Standard). However, at a minimum, all of the homes ,-vithin Phase II ii)ill meet the Earth Advantage Gold Standard and all homes ivill be photovoltaic ready. In fact, the applicants are partnering ,Oth True South Solar, a local full-service solar panel installation corrrpany, to assist in the design and marketing of each home's solar access opportunity which includes "no peneh°ation roof zones", soztth to east roof designs, landscaping oi)er site and technical suppor•tfor° both operation and finance (See applicant's commilmer2ls on Page 6). 12) Affordable Units: That the 15 affordable residential units in the subdivision (i.e. town homes) shall meet the application "Net Zero Energy" Performance Standard as outlined k_ in Exhibit K--3 of the Revised Outline Plan, Book III - Narrative revised October 24, 2007, except that the photovoltaic (PV) system is not required to be installed in the 11 affordable units. The affordable unit shall be constructed with the appropriate infrastructure (e.g. wiring, conduit, roof structure) so that a photovoltaic (PV) system can be installed at a later elate. This condition has been met.. 13) Intersection Design: Applicant shall design the pedestrian crossing at the new intersection of flelman St., Almeda Dr. and Nevada St. Pedestrian safety and refizgee shall be addressed in the intersection design. Design must be submitted with the Final Plan application. This condition has been iiiet. The iinproveinents noted ivill occur ivith Phase I which ar-e planned to begin in Februai-}) of 2016. 14) LID Non-remonstrance: Prior to Final Plan Approval, the applicant shall execute a document as consistent with ALCJO 18.68.150 agreeing to participate in their fair share costs associated with a future Local Improvement District for improvements to Helman Street and to not remonstrate against such District prior to signature of the final subdivision survey plat. Executed documents shall be submitted with the application for Final Plan. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by city ordinances and resolutions in effect at the time. This condition has been met. r 15) Lot Coverage Compliance. The Final Plan application shall include revised and corrected lot coverage calculations in square footage and percentage for each development area (i.e. cottages, town homes and singlefamily/duplex areas). Any area other than landscaping such as structures, driveways, patios and pervious paving that does not allow normal water infiltration shall be included as lot coverage. The lot coverage calculations for Phase II are based on this areas R-1-5 zoning r°egulation of a 50% inaxiinuin lot coverage, plus a 50% allocation of the open space area (the large central conv,)wn area, small open space adjacent to the alley and the small tiwetland west of Lot 39) consisting of 16,414 sq. ft. or 8,207 sc. t. (50%) with the smallest lots or• the lots ivith the inost lengthy driveivays being allocated a fair share of the open space's allowed coverage. Soine lots, such as Lot 65, are large enough that the standard allocation "should" suffice. In this r-egai~d, the gpplica77ts have provided a Lot Coverrage Allocation. Table below to acc07-11717odate the hoines and to provide the Planning Staff an easy method to deterinine coinpliance. 12 _ Phrase H - "Opera Space" Lot Coverage Allocation Fable Lot # *Lot Size Allocation Lot # *Lot Size Allocation Lot 25 5,784 300 sq. ft. Lot 40 5,225 400 sq .ft Lot 26 7,133 1.00. sq. ft. Lot 41 45447 400 sq ft Lot 27 5,300 400 sq. ft. Lot 42 6,106 300 sq, ft. Lot 28 6,540 200 sq. ft. Lot 43 6,006 300 sq. ft. Lot 29 6,524 200 sq. ff. Lot 44 7,070 100 sq. ft. Lot 30 5)944 300 sq. ft. Lot 45 5,612 300 sq. ft. Lot 37 8,254 0 Lot 46 5,119 400 sq.ft Lot 32 7,133 100 sq. ft. Lot 47 5,043 400 sq ft Lot 33 5,638 300 sq, ft. Lot 48 4,633 400 sq ft Lot 34 6,855 200 sq. ft. Lot 49 45449 400 sq ft Lot 35 6,489 300 sq. ft. Lot 65 9,937 0 Lot 36 7,277 100 sq. ft. Lot 66 6,240 300 sq. ft. Lot 37 6,982 200 sq. ft. Lot 67 5,232 400 sq It Lot 38 4,868 400 sq ft Lot 68 65192 300 sq. ft. Lot 39 5,182 400 sq .ft 01)en S])ace **307 sq. ft. _ ]oral: 8,207sr._it. "Note: Actual lot sizes will be determined at Final flat stage and actual house sizes and lot coverage areas Will be determined at time of a house's design which is likely to be buyer dependant, but in any case, less than the numbers noted above. For miscellaneous items srrch as mail boxes or impervious sitting areas. 16) Measure 49 Waiver. The applicant expressly agrees to construct the project in accordance with the approved plan and City ordinances and waives the right to file a claim under Oregon Statewide Measure 49. The signed waiver shall be submitted to the City of Ashland Legal Department for review and approval prior to signature of the survey plat or adoption of a resolution or ordinance formally annexing the property, whichever is first. This condition has been Inet. 17) Multi-Use Path Improvements. As specified in the approved Timetable of Development, all the multi-use paths shall be constructed according to City Code standards, specifically; paths shall be paved with concrete, asphalt or a comparable all- weather surfacing. Two to four foot wide gravel or planted strips are required on both sides of the multi-use paths in accordance with the Ashland Street Standards. Fencing or retaining walls shall be located two to four feet from the improved edges of the path to provide clear distance on both sides of the path for safe operation. The clear distance areas shall be graded to the same slope as the improved path to allow recovery room for pedestrians and bicyclists. The clear distance areas shall be limited to gravel or landscape materials, and vegetation in excess of six inches in height shall not be placed in the clear distance areas. The transition from Almeda Dr. to the multi-use path, from Canine Way to the multi-use path and from Nevada St. to the multiuse path shall be addressed. Specifically, the preliminary engineering shall address bicycle access from the street grade and provide sufficient turning radius for bicycle navigation. The preliminary engineering plans submitted with the Final Plan application shall include details for the multiuse path improvements and this design. All multi-use path public easements shall be clearly identified on the final survey plat, conveyed, and identified in the project, (with appropriate markings or compliant signage). Easements are required for paths between 13 units 64-65 and adjacent to 39. The project CC&R's shall expressly note that the pathways are for public use and shall not be obstructed or through access restricted unless authorized by the City of Ashland and Ashland Parks Department. The inulti-use path is to be constructed to City Standards as noted. Prehn inary engineered plans have been included herein i-which illustrate the path's design and clearances. At the time of the final plat (surve)), all necessary public easements ,,ill be identified i-when crossing private property. Lastly, the project's. draft CC&R's ex ressly note that the multi-use path is for public use and such path shall not be obstructed or through access restricted unless authorized by the 00) of Ashland and Ashland Parrs Deparlivent (Draft CC&R's, Section 10.24 - to be submitted with rinal Plan). 18) Multi-Use Path Revisions: The adjustments to the width and location of the multi-use path in and adjacent to the Ashland Creels riparian corridor shall not affect the width or location of the 10-foot wide setback to buildings and structures or riparian corridor buffer between the new eastern property line adjacent to the Ashland Creek riparian corridor and the single family homes and yards for units 68, and 25-39 that is delineated as common area in the application materials. The 10-foot wide setback to buildings or structures or riparian corridor shall be located and sized as shown on plans S-1 dated June 8, 2007, S-4 dated June 8, 2007 and P-2 dated July 17 from the application. As indicated on the subnnatted Site Plans, there is a 10' setback line delineating the setback boundary per the condition and consistent lvith the original S-1, S-4 and P-2 plans. In addition, the applicants have provided a 10'setbackfirom the public side»~alk in the area of the sidewarlk spur leading from Almeda Drive to the multi--use path. 19) Open Space U_sabili `rhe Final Plan submittal shall address the usability, including community access, of the open spaces. Usability shall be specifically addressed for the two small open spaces in the town home area (550 sf and 700 f, one small open space in the cottage area (1,300 f and the one small open space adjacent to the alley 1,310 f . Layout and landscaping of the open spaces as well as any improvements such as play I equipment shall be detailed in the Final Plan submittals. The attached landscaping plans detail the impr,ove7nents for the Phase II coinmon open space areas. Ho1-vever, in regards to the small open space adjacent to the alley, not-v 1, 320 sq. ft., the open space is essentially a planted area providing a buffer of open space for the feiv homes centered on the alley. I 20) Parking Compliance: The Final Plan application shall include revised and corrected j on-street parking placement so that parking spaces are not counted that are within 20 feet measured along the curb of any coiner or intersection of an alley or street in accordance with 18.92.025.D. Since the original Outline Plan Approval, the 00)'s Land Use Code has been significantly revised. Hoi-vever, the applicants have revised the proposed Site Plan and the on-street parking placement to comply ,-with the ne~v codes. Overall, the proposal has a surplus of roughly 64 on-street parldng spaces so any additional on-street parking spaces suggested to be removed by either staff Planning Commission or Council shouldn't be an issue. 14 i 21) Sidewalk Construction. A sidewalk meeting the requirements of the Ashland Street Standards shall be installed on the north side of Nevada St. from the eastern project: boundary to the intersection of Nevada S. to Oak St. Sidewalk design shall be at the discretion of the Staff Advisor in order to address site constraints such as grade and right- of-way width. These sidewalk irnprovements shall be included in the preliminary street improvement plan included with the Final Plan application. The applicants have provided preliminary engineering plans relating to the Nevada Street sidei,milk (Nevada Street Improvements, Sheet 12) ,vllich extends ftoin the project's eastern boundary to the intersection of the Nevada and Oak Street. The subject sidewalk meets the requirements of the Ashland Street Standards as it relates to dimension and construction standard, but due to the grade changes behind the sidewalk, the sidewalk abuts the curb ftoin the proposed multi--zrse path to the intersection, matching the existing sidewalk across the street. 22) Solar Ordinance Compliance. The Final Plan application shall demonstrate all new structures comply with the Solar Setback A, or that each home shall receive an equivalent certification by the project architects and mechanical engineers that the shadow height on southern facing exposures will not exceed that allowed under Solar Setback A in accordance with Chapter 18.70 of the Ashland Land Use Ordinance. Alternatively, the Final Plan application may seek a Variance to solar setback requirements, if applicants can submit architectural and engineering analysis supporting a variance. The proposal includes four Solar Study illustrations, Sheets A2 -AS, illustrating cliffe7, ent angles and profiles in order to demonso-ate all of the proposed homes comply with Solar Setback "A Specifically, the Solar Study identifies a horizontal line along the south walls of each home "if" that ho7ne ivas to be built to its southern building envelope boundary. The horizontal line represents a shadow line based on a 6' tall fence 6' feet south of the house which in simple terms is the UIinimurn. setback for this zone and the basis for Solar Setback "A 23) Storm Water Continuing Maintenance Obl g tion; The Owner, and thereafter, the Association, (or the owners of units in the project in the event the Association is dissolved), shall be responsible for permanent maintenance of both on-site and off-site stone water bio-engineered swales and wetland systems. Specifically, the created wetland area and storm water swale system to be constructed with the project and to be located on property exchanged with the City shall remain the maintenance obligation of the Owner, Association, its successors and assigns. Maintenance shall be coordinated and approved by the City Public Works Department and Building Division and shall be performed in accordance with approved plans by licensed contractors, hired by the Association and authorized by City Public Works to enter property for maintenance purposes. The applicants MT MVO-e of this condition and it has been specifically included in the Horne Oivner's Association draft Conditions, Covenants and Restrictions (CC&Rs). 24) Sworn Statement. Prior to any land clearing, alteration, or physical construction f (other than survey work or environmental testing) on a site the property owner and developer, if any, shall execute a sworn statement under penalty of perjury and false swearing, that owner/developer has obtained all required Federal, State, and local 15 authorizations, permits and approvals for the proposed development, including any proposed use, or alteration of the site, including also any off=-site improvements. The applicants are aware of this condition and i-mill provide the necessor.) si-vor°n statement prior to an>> land clearing, alteration or physical construction as it relates to the proposed development. 25) Tree Protection Compliance, The Final Plan application shall address mitigation for the removal of the 25-inch dbh Oak tree (tree 39 on Tree Survey and Protection Plan, T- 1, June 85 2007). Mitigation shall meet the requirements of Ashland Land Use Ordinance 18.61.084. A Verification Permit in accordance with 18.61.042.B shall be applied for and approved by the Ashland Planning Division prior to removal of the approved Oak tree (tree 39 on Tree Survey and Protection Plan, T-1, June 8, 2007) and prior to site work, storage of materials and/or the issuance of an excavation or building permit. The Verification Permit is to inspect the tree to be removed and the installation of the tree protection fencing. The tree protection for the trees to be preserved shall be installed according to the approved Tree Protection Plan prior to site work or storage of materials. Tree protection fencing shall be chain link fencing a minimum of six feet tall and installed in accordance with 18.61.200.B. The applicants are aware of this condition and have included multiple trees for mitigation within the larger common open space area and along the neiv mixed-use path. In addition, the applicants swill apply for a Tree Verification Permit in accordance 1vith current municipal codes prior to removal. All tree protection measures, in accordance with AMC 18.4.5.030 C. (current code reference). 26) Vision Clearance Compliancz. The Final Plan application shall include revised and corrected delineation of vision clearance areas at the intersections of streets and alleys tlu•oughout the project in accordance with 18.92.070.D. Structures, signs and vegetation in excess of two and one-half feet in height shall not be placed in the vision clearance areas. Building envelopes shall be modified accordingly on the Final Plan submittals. The proposed plans have been revised to incorporate the various conditions herein that are applicable to Phase IL To this point, the proposed site plan for Phase II has been revised to ensure compliance with AMC 18.2.4.040 A. (current code reference). 27) No Waiver. The failure of this Agreement to address a particular permit, condition, term or restriction shall not relieve the Owner of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. Any matter or ~thing required to be done pursuant to the requirements of the ordinances of the City of j Ashland shall not be amended, modified or waived unless such modification, amendment or waiver is expressly provided for in this Agreement with specific reference to the I provisions so modified waived or amended. 1 The applicants are cni) ire of this condition. Overall, the applicants contend the proposal is consistent ivith the Agreement. 28) Wetland Setbacks. A minimum of five feet shall be maintained between the northern pavement edge of the multi-use path and the wetland. The Final Plan application shall 16 address the full width of the path improvement including the base materials and methods to protect the wetland during construction (i.e. sediment fencing). A Inininn'11r1 of free feet is proposed between the nnulli-rise path and the ivetland The preliminary civil improi~einent plans, Sheets ECI EC.3, not only ident ) the rnethods to protect the 1-vellund during construction, but also erosion control ineth.odology throughout the subdivision, 29) Zoninojoinpliance. The Final Plan application shall include demonstration that the buildings in the R-1-3.5 zoning district (cottages and town homes) meet the required front yard for the R-1-3.5 zoning district. Not applicable cis the cottages and toi,tvnhwnes i-fete in Phase I. 30) Street Improvement _Phasin : That Phase I and Phase II refer to specific portions of the development, and the applicants shall have the ability to construct Phase II prior to Phase 1, or to construct both phases ,it the same dime. If the project is built in a single phase, 24 lots (50 percent of the total number of lots in Phase I and Phase 11) would need to meet the timetable for Phase 1. If the project is built in phases, whichever phase is constructed first shall include: the construction of Almeda Drive from its current terminus out to Helman Street., and the construction of Perozzi Street (formerly `Canine Way') from Almeda Drive to the Dog Park. Both streets shall be completed according to the approved plans (including paving, curbs, gutters, sidewalks and parluow planting strips with street trees on both sides), inspected and approved prior to the construction of any homes for either phase. If completed in phases, Almeda Drive shall be completed according to the approved plans, but allowed to be constructed to a %2 street + 12' street standard which includes include -Gull-width paving, curbs and gutters on both sides, sidewalks and parkrow planting strips with street trees on the phtsed side, with the street's remait-iilg paving, curbs, gutters, sidewalks and parkrow planting strips and street trees to be built with the remaining phase. Perozzi Street from Almeda to the Dog Park, shall be constructed with Phase lI according to the approved plans (including paving, curbs, gutters, sidewalks and parkrow planting strips with street trees on both sides), inspected and approved prior to the construction of any home. If Phase I is completed first, temporary street connections to both the Dog Park and Rice Park Townhomes shall be completed in the Preliminary Layout, Thornton Engineering, Sheet 2. These temporary connections shall be a minimum of 20 feet in width to accoinrnodate two-way traffic and emergency vehicle access. The applicants are cniwre of this condition. In addition, the applicants have planned accordingly to provide temporarj) access to Dog Park until Phase II begins. All remaining street irnprovernents, will be completed with the consh,netion of Phase 11, including the multi-rise path, the sides-talk along Nevada Street - ftoin the multi-use path to Oak Street and all remaining internal streets within the Phase II boundarJ, as described i,0thin Condition 930. 31) Multi-Use Path & Nevada Street Sidewalk Timing. That the multiuse path and the sidewalk on Nevada Street, from Helman Street to Oak Street, shall be tied to the construction of Sander Way as part of Phase II, rather than as a part of Phase 1. A revised plan (replacing Sheet R-1 from December 1, 2008) shall be provided prior to pathway 17 installation illustrating the proposed pathway installation and the redefined limits of the slope stabilization and associated re-vegetation and shall include the planting of additional trees both inside and outside the pathway corridor to be selected based on recommendations of Parrs Department staff as to the number, type and placement. The multi-use pathway improvements shall be installed with Phase It of the development, but no later than five years following completion of the first phase. As noted, the applicants are aivare of this condition and ivill construct the inultiuse path and the sicleii)alk along Nei)a(la Street, fr'nm Hel177077 to Oak Street, ivith the Phase I improvements, no later than five years folloii)ing [lie conyVetion of _Phase I. Further, a revised plan ivill he provided prior to construction illustrating the proposed pathway's installation and the redefined linnits of the slope stabilization and associated re- vegetation. The plan ivill inelucle the additional trees both inside and outside the pothvi ay corridor and are to be selected based on recornmem-lations of Parks .Department staff as to the number, 0 pe and placement. 32) Cottage LandseVipg: That prior to the issuance of a Certificate of Occupancy for any particular unit, the landscaping and irrigation plan as identified in Exhibits CL-1 and CL- 2 shall be installed for that particular unit. However, at the written request of the applicants, the Staff Advisor may allow for a temporary Certificate of Occupancy if it is determined that particular unit's landscaping is likely to be damaged during construction of the adjacent unit. If a temporary Certificate of Occupancy is granted by the Staff Advisor, the applicants shall post a Performance Guarantee bond issued by a surety authorized to do business in the State of Oregon, irrevocable letter of credit from a survey or financial institution acceptable to the City, cash or other form of security acceptable by the Staff Advisor. At the time of the adjacent units Certificate of Occupancy, the landscaping and irrigation for the original unit shall be completed and Performance Guarantee returned or cancelled. Not applicable as the proposal is for Phase H and the cottages are is)ithin Phase I. 33) Cottage Landscaping - phasing: That the open space areas and associated common improvements between units #1-3, units 44-13, and #14-20 shall be completed prior to the issuance of a final occupancy permit for the final unit in each cluster, and prior to completion of 100 percent of the units, 100 percent of the open spaces within Phase I, including any remaining private walkways and curbs adjacent to the private street or elsewhere within the first phase of the development and any remaining land landscaping or irrigation will be completed. Not applicable cis the proposal is for Phase II and the cottages are ivithin. Phase I. 34) Previous A royals: All conditions of the previous land use approvals and the approved Development Agreement and subsequently approved modifications shall remain conditions of approval unless otherwise specifically modified herein, including but not limited to the requirenlent that safe and free public access, and associated temporary public access easements, to the Dog Park and Bear Creek Greenway be maintained during development; and that the final engineered drawings detailing the installation and pleasing of public utility and street, sidewalk and private drive f 18 improvements shall be approved prior to the issuance of an excavation permit or commencement of any construction. The applicants are mlvar-e of this condition. 3 5) Lot #25: The single-family zoned Lot 425 in. Phase I shall be included in the homeowners' association and subject to the CC&R's and all subdivision requirements as required in the original Final Plan approval. 1Vot applicable as the proposal is for Phase 11 and Lot 925 is }within Phase I. Iloivei~er, the applicants are ai-vane of the condition and Lol 925 has been included i-within the project's Phase I CC&Rs. III. FINDINGS OF FACT: The following information has been provided by the applicants to help the Planning Staff, Plaiming Commission, City Council and neighbors better understand the proposed project. In addition, the required findings of fact have been provided to ensure the proposed project meets the requirements and procedures outlined in the Ashland Municipal Code (AMC) pertaining to Performance Standard Options Developments, specifically the Outline Plan criteria as found in Chapter 18.3.9.040 and Modifications for approved projects as found in Chapter 18.5.6. For clarity) reasons, the folloivitig docunnentation has been formatted in "outline " form with the City's approval criteria noted in BOLD font and the applicant's response in regular font. 41so, there nzay be cr. nznnber• of responses that are repeated in order to ensure that the findings of fact are complete. 18.5.6.030 C Major Modification Approval Criteria. A Mayor lllodiflication shall he approved only upon the approval authority finding that all of the follofving criteria are rrlet. 1. Major Modification applications are subject to the same approval criteria used for the initial project approval, except that the scope of review is limited to the modification request. For example, it request to niodify a connnercial development's parking lot shall require Site Design Review only for the proposed parking lot and any changes to associated access, circulation, etc. The modifications proposed herein only relate to adding internal property lines, adding building envelopes and adding and clarifying internal open space areas within the Verde Village, Phase II subdivision. Nothing in the proposal modifies the approved density, street configuration, pedestrian mobility, solar access, tree removal, multi-use path location or the riparian zone's treatment as already approved by the City Council under Ordinance 2945 and later amended by the City Council by Ordinances 3 092 and 3119. 19 As such, the Findings included below focus on the modifications noted above, but tlixoughout this document, effort has been made to clarify and illustrate how the proposal is filndamentally the same plan as adopted by the City Council as it relates to affordable housing, a mixture of housing, wetland preservation, riparian protection, transportation circulation, conservation housing, etc. The applicants firrther contend the modifications proposed herein significantly improve upon the adopted Outline Plan by not orily infusing clarity into the plan with the addition of property lines and building envelopes, but also livability and sustainability by proposing, O A comprehensive and interactive open space plan; O Increasing the common open space area by roughly 46%; O Inclusion of front porches on each of the 28 homes; Orienting each home towards the public street; 6 Recessing the garage fayade behind the porch and front facade (where possible); Committing each house to Earth Advantage Platinum (current standard is Gold); Committing each house to be Photovoltaic Ready "Plus" (see applicant's design, orientation and installation commitments on Page 6). 2. A modification adding or altering a conditional use, or requiring a variance, administrative variance, or exception may be subject to other ordinance regarirenrrents. Not applicable 3. The approval authori0i shall approve, decay, or approve with conditions the applications, based on written findings. The applicants are aware of the Development Agreement adopted and amended by the City Council requires modifications to be approved, by the City Council. 18.3.9.040.A.3. Outline Plana Criteria ~ The Planning Commission shall approve the outline plans when it finds all of the i follort,ing criteria have been met. ~ ~ a. The development meets all applicable ordinance requirements of the CitJ~. The proposed modification meets all applicable ordinance requirements of the City. b. Adequate key City facilities can be provided including fvater, setiver, paved access to and through the developnent, electricio, urban storm drainage, police and fire j protection, and adequate transportation, and that the development 3vill not cause a City i facilio to operate beyond capacitj7. The proposed modification does not increase demand on any key City facilities than "vhat was already approved with the original Outline Plan. Discussions have occurred between the project's Civil Engineers, utility providers and City Engineering staff and there has i 20 been no indication the proposal would cause a City facility for water, sewer, electricity, storm, police and/or fire protection to operate beyond capacity. c. The existing and natural features of the land; such as wetlands, floodplain.. corridors, ponds, large bees, rock outcroppings, etc., have been identified in. the plan. of the development and significant features have been included in the open- space, coninaon. areas, and unbuildable areas. Significant efforts were made during the original planning stages of this development to identify the site's existing natural features and as evidenced with the various plan submittals, the applicants' current proposal to include lot lines, building envelopes and to enhance the common open spaces does not alter any of the site's natural features. Further, the application does not alter any of the proposed natural features such as the small man-made wetland to be created adjacent to Lot 1139. All of the site's natural and proposed features have been thoroughly thought-out and incorporated into the Phase II plan. d. The development of the land will not prevent adjacent land fronr being developed for the uses shown in the Comprehensive Plan. The development of the Verde Village, Phase 11 property is consistent with the City's Comprehensive Plan. The modifications proposed herein are primarily clarifications to improve upon the adopted plan. Access to adjacent lands such as Dog Park and the Rice Park Tovn-diomcs will be improved, to City Street Standards, with the construction of Verde Village, Phase 11. Overall, nothing within the plan would prevent the adjacent land from being developed for the uses shown in the Comprehensive Plan. t e. There are adequate provisions for the maintenance of open space and conrrrron.. areas, if required or provided, and that if developments are done in phases that the early phases have the same or higher ratio of amenities as proposed in the entire r i project. E G Conditions, Covenants & Restrictions (CC&Rs) will be provided at the time of the proposal's Final Plan outlining provisions for the maintenance of the open space and common areas. A Houle Owner's Association (1I0A) will be created, incorporating i bylaws and procedures to guide the administration of the CC&R's. Such CC&R's will include the various items as required by the adopted Development Agreement, specifically Conditions #7 (CC&R's required at time of Final Plan), 917 (Multi-Use Path) and #23 (Storm Water Management Responsibility). The applicants have elaborated on each of the subject conditions on pages 7 - 18 of this document. f. The proposed density meets the base and boners densio standards established under this chapter. 21 4 z S' The proposal meets the base and bonus density standards established under the Performance Options Standard Chapter. The modifications proposed herein have not increased or decreased the number of dwelling units approved by the Ashland City Council. g. The CleiJelopaf?eaat coiiiplies lt~ th the ~Vti,eei Stan(lar-tls. To the best of the applicants' knowledge, the proposal complies with the City's Street Standards. Nothing within this application has altered the approved street pattern, street width, sidewalk design, park row design, multi-use path location or multi-use path's conriectivity. ICI. CONCLUSION: In conclusion, the property o,,vnlers and applicants desire to improve upon the Outline Plan by adding clarity and flexibility where possible, but also improve upon the project by including provisions for front yard porches, reducing driveway lengths, straightening driveways for safety, improving curb appeal with recessed driveways and attractive front facades, and adding walking paths to the common open space area. Overall, the intent is to improve upon the subdivision's livability and to encourage a more attractive and pedestrian friendly streetscape while at the same time retaining the integrity of the original plan as envisioned by the property owners and approved by the Planning Commission and City Council . The property owners and applicants are very encouraged about the proposal and look forward to the pending public hearings. Attachments: A Original Council Approved Outline Plan EC3 Erosion & Control Sediment Plan AO Architectural Sheet Index 12 Prelim. Civil - Nevada St. Improvernents Al Proposed Composite Site Plan 18 Prelim. Civil - Bike Path Plan Ala Site Plan Inset A 19 Prelim. Civil - Bike Path Plan Alb Site Plan Inset B 20 Prelim. Civil -Bike Path Plan A2 Solar Setback Detail DI Prelim. Civil - Street Cross Section A3 Solar Setback View North Plan A4 Solar Setback View South A5 Solar Setback View Southwest A6 Typical 1-Story Perspectives (Lot 38) Plans adopted by Couneit*: R- 1 Riparian Mitigation Plan A7 Typical l -Story Elevations A8 Typical 1-Story Site Plan S-1 Site Plan E A9 Typical 1-Story Floor Plan S-2 Existing Conditions Plan I S-3 Bike Path Grading Plan A10 Typical 1-Story Roof Plan - Solar Reserve Area S-4 Riparian Definition & Protection Plan All Typical 2-Story Massing (Lot 47) A12 Typical 2-Story Elevations Y The above plans have not been hicluded A13 Typical 2-Story Site Plan as there are no alterations proposed in A14 2-Story Solar Path Study these areas, but cn,ailable upon request. The j A15 Typical 2-Story Floor Plans plans are also on-file at the City's A16 Typical 2-Story Roof Plan - Solar Reserve Area Coninni pity Development offices, Verde A17 Lot 47 Front Facade Relative to Street (atypical) Village Subdivision files. 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GAR. , ~ i SETBACK / ~ i' MI ~ .HOUSE ~r:~=~ ; , i SE?BACK ~ ' ~ ~ Q T 4 $ f' i MI . pORCN ~ ' i SETBACK . ~ / ~ ~ fo. ~ ~ ~ o 55F. ~ ~z.e ~q ~ ~ 1653 ~ / R P f, / ~ ; / ~~1G~ i" . % ~ ~ R~ / ~ ~ ~ f~ / i ~ s $ PAN ~ ~ G~~N ~ ~ ~ i~ ~ OPEN OROO~ 2 i e~ S P A C E / ' ~ G / / ~ M~ ~ / / ~ ORpOM SLOT 46} M,~ti QP~~o . . N LOT 47'SITE PLAN ` Scale: 1" =10 ft ~ -""f CJ ~~.~Y ~ OPEN SPACE 0 10 20 '30 40 50 60 70 80 FT guy ~ H ~ ~ < n ~ n c U y ZZ~ o~ m a ~ o o N ~ VERDE VILLAGE ~ r ~o N o~ Homes 5 S a v o a ~ Su~crest ~ ..h _ ~ ~ Phase Ii, Outline Plan Modification rl~,,..,«v~~~n T T _ _  s r~anze1,44 i LINDEMANN DESIGN LLC y ce 1 i ~r °0 o ~ o A N ~t Z ~ ~l D r o ~ ~ i Z ~ v ~ z N ~ r o W .e ~ -n D ~ l 1 r ~ m z o = v W r V i ~ ~ ~ r- r ~ r n ~ ~ = Z 0 ~ O ~ m ~ D Z 0 ~ D ~ m ~ r ~ r + ^ ~ C. 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J l ` ~ ~ U"a~ ' / f r , PLANTING ~ h ~ ti l ;f 7. ahntn.►xldmbepalaedlnaxeMndxitl,apedes,dmmaa,ontlMesindroma ~ ' , ~~.`r, ~ ~ I J / _ bebm. Suasamtlars b ae made vllh aro aPp°t'd d mridsape erdhteet. ~4~ ' l LQT~7 I ~..r=e ~ r iWp~ttwbsmee~dg ~Arevottl broo~~Mtnnnamead~°d tl ;I b.pslxe, Baddlshapwrsistd ~ ~ 1tlagaNcmldt,Ylbpaod,mrorAaaeapdar°maM7616.16mr9Uzaaablows. ,.r, r f.~~ ` _1._._._._.... ii 1pd lox S f~! ~ ~ rwl^ i f ....e.! ~ p, lox * . ~ . r r \ lam Iox ~`i~` ..-.^-r' ~ afu,lw~a,daaemdw~°7Dernnmaral+Yom!'fPbP~abudaenan6 ,v~u ~ ~ W. r..--,.., ariront+dewnpagb.Treesorombedmledaomm~estr~tw!ndda'e^ ~f; ,t , i ...._..__.a ' Atlouttlxassls>tree,olshhnFSkNriOkaaky'faaiADatego~nstou6~demroet //Ily'.~.r~'. I,..:,_..._.., I ..,,,_._~f 5. Loo+enandrarwiatwamWndmO~~ph°meraudtapdeefima6dl. ~ ~t Sgd7~hekdgatm°et~dlMq°IOOtbaundron9tlar,bein9exeNnotmdamape i it r°" I ~ t y~ tnreotbalshaeOMy.SmWandpultreeeimmdeteNoeertlbN°AC ~ I i 1, 6.PkceaMrnrnO~~zlnvAaeaemh6lmewfONMYmroob,aMtlloAv°Ida. 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