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2016-0802 Council Agenda PACKET
CITY OF ASHLAND Important: Any citizen may orally address the Council on non-agenda items during the Public Forum. Any citizen may submit written comments to the Council on any item on the Agenda, unless it is the subject of a public hearing and the record is closed. Time permitting, the Presiding Officer may allow oral testimony. If you wish to speak, please fill out the Speaker Request form located near the entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of time allotted to you, if any. The time granted will be dependent to some extent on the nature of the item under discussion, the number of people who wish to speak, and the length of the agenda. AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL August 2, 2016 Council Chambers 1175 E. Main Street Note: Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.E.] 7:00 p.m. Regular Meeting 1. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS V. APPROVAL OF MINUTES 1. Goal Setting of July 18, 2016 2. Business Meeting of July 19, 2016 VI. SPECIAL PRESENTATIONS & AWARDS 1. Mayor's proclamation of August 6, 2016 as Hiroshima Day and August 9, 2016 as Nagasaki Day 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. Appointment of Risa Buck to the Conservation Commission 2. Appointment of Tracy Peddicord to the Wildfire Mitigation Commission 3. Approval of a resolution titled, "A resolution exercising the power of eminent domain" 4. Approval of a liquor license application for Amrik Bagri dba South Town Market & Deli 5. Approval of a liquor license application for Koongsun Lee dba Little Tokyo 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 6. Purchase of real property totaling 45.79 acres in the City of Ashland and Jackson County, including taxlots 391 E08DB200 and 391 E08600 7. Consideration of the sale of an access easement on Parks property at Nutley Street 8 4th Quarterly Financial Report of the 2015-2017 Biennium 9. Approval of a public contract exceeding $100,000 for a heavy duty cab and chassis 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 first reading by title only of an ordinance titled, "An ordinance amending the citizen participation and involvement chapter of the Ashland Comprehensive Plan to establish the Ashland Planning Commission as the Committee for Citizen Involvement" X. UNFINISHED BUSINESS 1. Continuation of Grandview Drive discussion XI. NEW AND MISCELLANEOUS BUSINESS None XII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Second reading by title only of an ordinance titled, "An ordinance amending Ashland Municipal Code Chapter 10.110 Fair Housing" 2. First reading by title only of an ordinance titled, "An ordinance amending AMC Chapter 4.34, Food and Beverage Tax, and referring the ordinance to the voters of Ashland in the November 8, 2016 General Election" 3. Approval of a resolution titled, "A resolution of the City of Ashland to submit ballot title to City Elections Officer of election on a measure to amend 4.34, Food and Beverage Tax at the November 8, 2016, General Election" XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XIV. ADJOURNMENT OF BUSINESS MEETING In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9, OR ON CHARTER CABLE CHANNEL 180. VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US City Council Goal Setting July 18, 2016 Page 1 of 5 MINUTES FOR COUNCIL GOAL SETTING ASHLAND CITY COUNCIL Siskiyou Room, 51 Winburn Way July 18, 2016 Mayor Stromberg began the Goal Setting meeting at 5:35 p.m. in the Siskiyou Room. Councilor Seffinger, Morris, Rosenthal, Voisin, and Marsh were present. Councilor Lemhouse arrived at 6:00 p.m. 1. Discuss proposed Meals Tax Ordinance changes. City Administrator Dave Kanner explained the amendment to the Food and Beverage Tax would allocate any unused tax to the Street Fund for street maintenance and reconstruction. It would also increase the Parks and Recreation Department's allocation to 25% and provide finds for vehicle and equipment replacement. Council had decided at the Judy 5, 2016 Council Goals meeting to postpone placing the advisory on the ballot until the May 2017 election. Mr. Kanner recommended placing it on the ballot for the November 2016 election so work on streets could begin summer 2017 instead of summer 2018. This would offset potential reconstruction of some streets in significant disrepair. It would require a commitment from elected officials and non-staff people to get out and advocate for the amendment. Council expressed concerns specifying funds for vehicle and equipment replacement through a tax that would eventually end and directed staff to make the following changes to the draft ordinance: • Remove the word "major" from C(1) to read, "Twenty-five percent (25%) shall be paid into a parks account for purposes of acquisition, planning, development and rehabilitation of City parks per the City of Ashland's Capital Improvement Plan" • Strike C(1)(a) and (b) • Revise C(4) to read, "Beginning in fiscal year 2023, the council may pursuant to a plan adopted by the council in fiscal year 2022, appropriate funds for other purposes set forth in the plan but shall not appropriate less than twenty-five percent (25%) of all taxes collected for Park purposes as described in subsection 4.34.020.0.1 and shall not appropriate less than the funds required to pay debt service on any debt instruments issued for purposes consistent with subsection 4.34.020 (C)(4)," or similar verbiage II. Review Proposed Goals from Session 2 Infrastructure L AFN - consider recommendations of ad hoc committee 2. City Hall - consider the options for rebuilding or replacing (Pioneer parking lot, Comm. Dev.) because of seismic problems. Identify funding. This project will most likely take place after election. 3. Water system/supply - redo Master Plan including climate change modeling and conservation - in process (AWAC2) 4. Streets maintenance - find funding for sustainable plan - in process - cost estimate $1,000,000 plus 5. Storm drain maintenance - same as streets - 2017 - cost estimate $100,000 - $1,000,000 City Administrator Dave Kanner explained there were no costs at this time but thought it would eventually double the storm drain fiend. Currently it cost $300,000 a year to supplement the storm drain system. This was an unfunded mandate from the state. City Council Goal Setting July 18, 2016 Page 2 of 5 6. New City phone system - 2017 - cost estimate $50,000 - $100,000 7. Seismic retrofit of existing residences [IBC for seismic retrofit?] - new staff project? Councilor Marsh clarified this would be community wide outreach with possible incentives. Human Services 1. Housing Summit - new staff/Mayor project in 2017? Rental shortage Affordable housing Expand zoning provisions Cottage housing Co-housing 2. Providing assistance to local people in need [list] ACRC2 Mayor Stromberg and Councilor Marsh met with two members of Options for Homeless Residents in Ashland (OHRA) regarding the Ashland Community Resource Center. The Center was moving to a new location and implementing new operating models. The Center acknowledged issues with the prior model, took the initiative, and made changes. 3. Winter Shelter - evaluate needs, resources and basic "service design" including collateral effects - in process, City Administrator project Mr. Kanner was meeting with representatives from Temple Emek Shalom and the Rogue Valley Universalist Unitarian Fellowship to discuss terms and conditions in the resolution. 4. Examine the needs of the increasingly aging population. Committee desire to engage seniors in other City planning efforts. - Council project Mayor Stromberg suggested a Study Session with the Senior Advisory Committee. 5. Evaluate efficiency of City spending on housing [see items 1 and 6] 6. Provide an adequate, stable revenue source for the Housing Trust Fund - cost estimate $100,000 - $1,000,000 Councilor Marsh suggested a Study Session to review the construction tax, next steps, and the role of the Housing and Human Services Commission. 7. Evaluate effectiveness of [municipal govt funding of] human services efforts? Study session with H&HSC to determine priorities (H&HSC strategic plan) - Council project Council discussed having a designated mental health worker that the Police Department could contact as needed. 8. Facilitate county services in Ashland Jackson County was having difficulty finding a facility. Economy 1. Embrace emerging industries; improve retention, growth, business development - on-going staff and Mayor, 2017? Update economic development strategy 2. Downtown vitality Urban design, circulation, parking - cost estimate - $100,000 - $1,000,000 City Council Goal Setting July 18, 2016 Page 3 of 5 [Restructure ad hoc committee? Council to decide next steps?] 3. Chamber/City collaboration: - ongoing staff/Mayor Economic Development Focus on supporting locally owned businesses (e.g. BR&E) Development of disaggregated data for the Ashland economy Internet tools (e.g. the Business Portal, videos of business owners) Management Development training opportunities Diversifying the Visitor Economy [Evaluate the effectiveness of economic development efforts] 4. Strengthen connection with SOU Mayor Stromberg will contact the new university president. Public Safety 1. Wildfire preparation and prevention: - ongoing staff &Council/Mayor; money secured AFR/AFAR fuels reduction and maintenance AFR Institute/R&D Wildfire Mitigation Ordinance - Tree, Planning, WM committees' collaboration Mayor Illegal camping in the watershed - ongoing Council project Council discussed sanitation issues with people setting up and abandoning encampments in the watershed, the difficulty with cleanup and the potential for fires. 2. Managing behavior problems/community expectations, especially downtown - combine with 7 Council discussed toxins used by marijuana growers and the harmful effect it was having on local plants, animals, and water. Council went on to discuss improvements in the downtown. The Legal Department would provide statistics on citations and arrests. Council wanted objective measurements and possible monitoring at various times during the day and evening. Staff would also survey businesses. 3. Increased staffing for police and fire - different problems for police vs fire - combine with 5 - cost estimate $1,000,000 plus Council suggested a strategic plan for public safety over the next 10 years or less that included identifying staffing levels, equipment and facility needs, funding options, and a plan to achieve those goals. 4. 14-day City preparedness - possibly 2016-17 - cost estimate 550,000 - $100,000 City employees Families Employees (at work) Fuel contracts Communications Transportation Water plant purnps Waste 5. Explore establishment of ELEA in Exit 14 area - Council project 2017 6. Prompt paramedie response 7. Evaluate the impact of new ordinances that affect downtown - ongoing staff & Council project [Unintended consequences?] City Council Goal Setting July 18, 2016 Page 4 of 5 [How has it impacted APD?] [Impact on Railroad Park] Organization 1. Increase capacity of Legal Dept and Human Resource Division [coordinate change with re- organization] Rewrite AMC 2.28 - new staff project 2017-19 budget - cost estimate $100,000 - $1,000,000 2. Re-organization of management structure - new staff project 2017-19 budget cost estimate $1009000 - $190009000 3. Fire Dept consolidation - ongoing staff and Council project 4. Improve effectiveness of communication and engagement - staff project 2017 5. Make commissions and committees more effective - Recorder project Commission/committee handbook: Training on role of commissions Evaluate how we do master plans - new Council project Set firm deadlines for completion. Disband planning effort if not completed on deadline 6. Overhaul City's procurement and contracting policies/procedures - new staff project 2016 7. Convert City Recorder position to appointed - ongoing Council project continuing the discussion of defining City Recorder duties. Energy & Environment 1. CEAP - support, track, and participate in on-going process - possibly 2017 budget - cost estimate $100,000 - $1,000,000 Including implementation requirement ordinance 2. Update Comprehensive Plan - 2017 biennium - cost estimate $100,000 - $190009000 Create a plan for update or assign to a commission 3. Revise Urban Tree Policy - public - new staff project 4. Review Electric Utility business model in the light of climate change - new Council project 5. Include investigate possible in-stream electric generation from the water system - included in AWAC2 (see Infrastructure) Other 1. Behavior-Local Homeless-Transients [public safety; human services; economy] - ongoing Council project; if DST then 2016-17 current budget - cost estimate $60,000 - $70,000 2. Alid biennium funding foir unantieipated needs 3. Make City Couneill more effeetiv-e 4. Meals Tax collections and expenditures City Council Goal Setting July 18, 2016 Page 5 of 5 5. Use $100K of Room Tax money for Lithia Park maintenance - consider spring 2017 Council suggested holding this consideration for the newly elected Council to decide in 2017. III. Report on responses received from the Department Heads and Parks regarding three questions Not discussed IV. Funding the Cadet Program and jail beds rental Not discussed Meeting adjourned at 8:09 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Business Meeting July 19, 2016 Page I of 9 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL July 19, 2016 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Lemhouse, Seffinger, Rosenthal, and Marsh were present. MAYOR'S ANNOUNCEMENTS Mayor Stromberg moved agenda item #2 under Ordinances, Resolutions and Contracts regarding the healthcare ballot measure to follow the Public Hearing. APPROVAL OF MINUTES The minutes of the Study Session of June 20, 2016 were corrected on page 1 changing "LED" to "LEED." The ininutes of the Business Meeting of June 21, 2016 were corrected on page 4, paragraph three changing the word "extenuated" to "accentuated." Both sets of minutes were approved as amended. The minutes of the Goal Setting Session of July 5, 2016 was approved as presented. SPECIAL PRESENTATIONS & AWARDS 1. Annual presentation by Forest Lands Commission Forest Lands Commission Chair Frank Betlejewski explained the Commission completed the 2016 Ashland Forest Plan. Chair Betlejewski shared aspects of a recent Ashland Forest Resiliency four that included tree cutting trends, tree numbers, trunk diameter, the Composite Burn Index, and the need for continued outreach to the public. 2. Update on Climate and Energy Action Plan progress, goals and targets The Climate and Energy Action Plan (CEAP) ad hoc Committee gave an update on the Climate and Energy Action Plan. Management Analyst Adam Hanks, Councilor Rosenthal and CEAP vice Chair Roxane Beigel-Coryell provided a presentation on the Committee's scope of work, members, the consultant hired, project timelines, and meeting highlights. They explained the greenhouse gas inventory, preliminary recommendations, goals, targets, and a plan. Next steps included an ordinance discussion, consumption related goals and targets, evaluating potential actions and impacts, adopting strategies and soliciting public input. The CEAP would host an open house in September regarding proposed actions and options with another review of the draft plan in December. It was difficult to measure any change in consumption within the community using measurements based on regional or statewide models. Setting aggressive targets with sector based emissions and possibly addressing consumption as a separate target when tracking mechanisms improved made better sense. Mitigation strategies could be the City transitioning the fleet to electric vehicles, or vehicles with a lower carbon emission, changing lights, better building controls, or transportation changes. Conlan Ellis/341 High Street/Explained he was 17 years old and thanked the CEAP and Council for their work on the plan. He had seen the effect of climate change on the community with severe drought, heat, and wildfire. As a young citizen of Ashland, he urged Council to adopt an ordinance to accompany the plan. Zander Huston/1228 Calypso Court/Explained he was 14 years old. He was inspired and excited by the City Council Business Meeting July 19, 2016 Page 2 of 9 efforts the Committee and Council were taking regarding climate change. Climate change was one instance where everyone could see the consequences of human behavior at a huge scale with potentially frightening outcomes. He did not think it was too late to reverse those wrongs. Preserving wildlife and wilderness areas made it possible for future generations to enjoy them. He supported a legally binding ordinance. Allie Rosenthbluth/730 Liberty Street/Worked with Rogue Climate and collaborated with other groups to draft the climate action ordinance that they shared with the CEAP ad hoc committee. Rogue Climate wanted the plan integrated into an ordinance. The draft they proposed would have the City reduce greenhouse gases by 7.6% each year and was in line with what climate scientists determined will keep the planet at a livable temperature. The rate corresponded with the goals the ad hoc Committee was suggesting with similar interim goals. She requested a work session with the Council to discuss the ordinance. Gillian Mullane/925 Bellview/Worked with the Ashland Youth Climate Action group. She recently graduated high school and addressed the future effects of climate change on the youth of today. Robert Block-Brown/50 Pine Street/Represented the Interfaith Social Justice Coalition and expressed the need to address climate change. He spoke to climate change and energy action issues as a moral or spiritual imperative in which the community considered right action in the stewardship of the earth.. The Coalition supported a science based ordinance and implementing action plan that was socially equitable. David Wick/2560 Eagle Creek Lane/Was the executive director of the Ashland Culture of Peace Commission and shared their mission. He supported the work of the ad hoc Committee and the young people present. This was their future and they were taking action. Many of us would not be here in 2050 but they would. It was time for bold action. Sam Becker/7352 Adams Road, Talent, OR/Encouraged Council to incorporate the plan into an ordinance and hold a work session regarding the ordinance as soon as possible. He spoke to the "downstream" effects the area would experience in the future due to the impacts of climate change. PUBLIC FORUM William Mansfield/916 W 10th Street, Medford/Expressed alarm and concern regarding an incident of the Ashland Police arresting an individual who resisted arrest May 19, 2016. This gave the City of Ashland a black eye. He was aware of the editorial in the paper justifying the action but did not see that in the video he watched. It was poor public policy to arrest the mentally ill and time to reexamine the Police Department and get them new training regarding mental illness. He wanted the Council involved. Police Chief Tighe O'Meara explained every police officer received some basic level of training for dealing with people who were mentally ill. Every officer with the exception of newly hired staff received 40 hours of Crisis Intervention Training and recently training on recognizing levels of autism. The officers involved in taking the individual resisting arrest into custody acted appropriately. He was limited in what he could share until the case was adjudicated. David Subia/115 Lincoln Street/Added to Chief O'Meara's statement that the Ashland Police Department (APD) used a gentle hand. The community did not realize how lucky they were to have the APD. CONSENT AGENDA 1. Minutes of boards, commissions, and committees 2. Approval of a public contract exceeding $75,000 for Workers' Compensation Third Party Administrative Services 3. Approval of contract for Gateway Island public art 4. Approval of a change order in excess of 25% for the Chautauqua Walk replacement project City Council Business Meeting July 19, 2016 Page 3 of 9 Councilor Voisin pulled Consent Agenda item #2 for discussion. Administrative Services and Finance Director Lee Tuneberg explained scoring and the I0-point difference on the selection of a public contract for Worker's Compensation Third Party Administrative Services. Councilor Seffinger/Marsh m/s to approve Consent Agenda items. Voice Vote: all AYES. Motion approved. PUBLIC HEARINGS 1. Public hearing and first reading of an ordinance titled, "An ordinance amending Ashland Municipal Code Chapter 10.110 Fair Housing" and move to second reading Mayor Stromberg read the rules for the Public Hearing. Housing Specialist Linda Reid explained in 2014 Council directed the Housing and Human Services Commission (HHSC) to develop a recommendation regarding additional protection for students. The HHSC along with the Associated Students of Southern Oregon University (ASSOU) conducted a comprehensive analysis that resulted in the proposed ordinance. The amendments were similar to those presented to Council at the March 14, 2016 Study Session, would bring the ordinance in line with federal and state laws, and provide further clarity on source of income protections under the existing ordinance. It added two new protective classes for age and domestic partnership. Staff included language clarifying emancipated minors and recognizing them as a protected class under the newly proposed prohibition on age discrimination as well as penalties that made violations a class one. There was a prohibition on discriminatory advertising in the existing ordinance but the Legal Department suggested removing the language. It was illegal to discriminate in advertisement and having that language in the ordinance was redundant. However, it was legal to state no students in an advertisement because they were not a protective class. Public Hearing Open: 8:18 p.m. Tyler Takeshite/70 Garfield Street/Explained he was the Southern Oregon University (SOU) Student Body Vice President and expressed support for the ordinance amendments. He urged Council to adopt the ordinance. Megan Mercier/454 Chestnut Street/Explained she was currently a senior at Southern Oregon University (SOU) and former officer of student government and liaison between that body and the Housing and Human Services Commission. She discussed students unable to live in Ashland while attending SOU, some sleeping in their cars. The proposed ordinance change was not a whole solution but a step to finding a solution that would better protect students. It was a well-rounded and inclusive update to the policy. Public Hearing Closed: 8:23 p.m. Councilor Marsh/Voisin m/s to approve first reading by title only of the ordinance titled, "An Ordinance Amending Ashland Municipal Code Chapter 10.110 Fair Housing," and to move the ordinance to second reading. DISCUSSION: Councilor Marsh commented on the Commission's due diligence and student participation. This would not solve the issue since there was a 1%-2% vacancy rate and housing was at an all-time low regarding availability. It was reasonable to include age and domestic partnership. She appreciated the efforts to bring it forward. Councilor Voisin heard students discussing housing daily. The ordinance would let the students know they would be treated fairly in Ashland. Councilor Lemhouse appreciated the effort and the student involvement. Discrimination of any kind was unacceptable especially in this community. It was a good step forward. Councilor Seffinger noted this was not a new issue and shared her experience as an emancipated minor finding housing. Councilor Rosenthal City Council Business Meeting July 19, 2016 Page 4 of 9 supported the university's efforts in educating students on campus regarding housing. Councilor Morris witnessed a similar incident with a student when he was in college and supported the ordinance. Roll Call Vote: Councilor Rosenthal, Voisin, Marsh, Morris, Seffinger, and Lemhouse, YES. 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 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" Sandra Coyner and Joe Graf/1160 Fern Street/Was part of a statewide group following the discussion on healthcare finance in the state legislature. They were asking Council to place an advisory question on the November 2016 ballot. The key paragraph in the resolution was also in the explanatory statement on what a "Yes" vote would mean. It would encourage the 2017 legislature to use the results of their study to design a system that provided timely access to comprehensive healthcare for Oregon residents, ensure choice of provider had effective cost controls, equitable access, and a focus on preventative care. The Affordable Care Act will allow states to devise programs that will differ from the national model and apply for waivers from the federal government. The Oregon legislature authorized a study in 2013 to finance healthcare. The study was in House Bill (HB) 3260. Oregon State had 400,000 people who could not afford healthcare. Moving the initiative forward would help businesses and people with affordable healthcare. Presently healthcare costs made up 40% of bankruptcies in the country. Ms. Graf confirmed mental health and reproductive rights coverage were included under HB 3260 Section 1. (1)(p) Integrates physical, dental, vision and mental health care. Councilor Voisin/Seffinger m/s to approve Resolution #2016-18. DISCUSSION: Councilor Voisin explained the two values represented in the resolution were that Ashland was compassionate and smart. Councilor Seffinger added this was another issue where her generation needed to consider the young people. Councilor Lemhouse had attended a meeting in the past where the CEO of Regence Blue Cross/Blue Shield spoke on how the Affordable Healthcare Act had improved accessibility but had not effected increasing healthcare costs. He hoped this spurred the legislature to do something to control costs. Councilor Marsh was confident the 2017 legislature would do the right thing. This effort would keep the community focused on the issue and provided advantage. Councilor Morris did not think this would change the state when only 7,000-8,000 people out of the 20,000 Ashland residents voted. He preferred to see this as an initiative and hoped this would not set a precedent of citizens expecting Council to put items on the ballot instead of going through the initiative process. He supported the intent but doubted it would sway the state legislature. He would support the resolution but did not want to see this happen again. Councilor Rosenthal supported the resolution and understood Councilor Morris' concerns. He thought of the one thousand people living in the community without healthcare and supported any possible influence this could have on an outcome that helped those people. Mayor Stromberg respected Councilor Morris' thoughts on the matter and commented that Ashland had a reputation for innovation and doing creative things particularly in the sphere of social benefit and it was worth trying. Roll Call Vote: Councilor Marsh, Voisin, Lemhouse, Seffinger, Morris, and Rosenthal, YES. Motion passed. UNFINISHED BUSINESS 1. Agreement for services with Southern Oregon University for public access television services Management Analyst Ann Seltzer explained in 2008 the City reduced the budget for RVTV but verbally City Council Business Meeting July 19, 2016 Page 5 of 9 agreed to a 3% increase every year to get the budget back. The agreement before Council now included Section 4.2 referencing the verbal agreement made in 2008. It also included language to retire the 3% increase and request that RVTV determine a fixed annual amount by Fiscal Year 2020. In Section 3.3, Ms. Seltzer added language that clarified Ashland citizens who take the video production classes received a 20% discount. She went on to confirm the City utilized all the services listed and if for some reason there was a cancelation on the City's part, it received credit. RVTV PEG Coordinator Brandon Givens explained changes since 2008, current services, and that RVTV had run at a deficit until recent staff cutbacks. RVTV was interested in a cost analysis but needed to set parameters first. Usage costs were comparable to other primary users in the valley. Councilor Voisin/Lemhouse m/s to approve the July 19, 2016 agreement for services with Southern Oregon University to provide public access television. DISCUSSION: Councilor Voisin thought television as a way to communicate with the citizenry was important. Councilor Lemhouse commented it was a small amount and would lead to a better decision in the future. Councilor Rosenthal/Lemhouse m/s to amend section 3.5 to read... "for live broadcasts in the Council Chambers, RVTV shall provide on call technical support and respond within 30 minutes." DISCUSSION: Councilor Rosenthal explained the amendment strengthened the language and thought it was a reasonable request. Councilor Lemhouse agreed. Roll Call Vote: Councilor Lemhouse, Morris, Rosenthal, Marsh, Seffinger, and Voisin, YES. Motion passed. Councilor Rosenthal/Lemhouse m/s to delete Section 3.3 in its entirety. DISCUSSION: Councilor Rosenthal thought it was a nice gesture nice to provide a discount for video production services. However, this was a "slippery slope" for taxpayers to subsidize this particular item. Councilor Lemhouse added it would serve a small section of the community and preferred a fee based program for educational courses instead. Councilor Marsh would oppose the amendment. It provided access to classes and was a great asset particularly to the lower income members of the community. Councilor Voisin actually participated in the program and commented on her positive experience. It was incredible training and created community. She would not support the amendment. Councilor Seffinger also would not support the amendment. Roll Call Vote: Councilor Lemhouse, Morris, Rosenthal, YES; Councilor Marsh, Seffinger, and Voisin, NO. Mayor Stromberg broke the tie with a NO vote. Motion failed 3-4. Roll Call Vote on amended main motion: Councilor Lemhouse, Morris, Rosenthal, Marsh, Seffinger and Voisin, YES. Motion passed. 2. Continuation of Grandview Drive Discussion City Administrator Dave Kanner explained Council needed to determine which of the options presented provided the greatest measure and safety for the citizens of Ashland. He suggested Council set aside the issues of code enforcement, encroachment permits, and cost estimates and focus on the options. The first option would remove the guardrail and restore the road to its prior condition. The second option would leave the guardrail in place and make no other changes to the road. The third option from Public Works would leave the guardrail in place and create a five-foot wide pedestrian refuge on each side of the road. In each of three options, the City would continue to plan to make the entirety of Grandview Drive a shared road. Mr. Kanner referenced an email from Dr. Paul Rostykus and reiterated the City was not proposing to do this for the benefit of a single property owner but for the citizenry. This was an expenditure of tax dollars to protect the health, safety, and welfare of the citizens of Ashland. That was why the City collected public revenues and spent public revenues for the benefit of the taxpayers. City Council Business Meeting July 19, 2016 Page 6 of 9 Public Works Director Mike Faught explained a contractor installed a non-permitted guardrail that met the Oregon Department of Transportation (ODOT) standards. The traffic engineer determined the guardrail improved safety and should not be removed. The geotechnical engineer inspected the guardrail and confirmed the installation was correct and it met all of the standards. As the City moved forward on making Grandview Drive a shared road, it would require a guardrail in the same location. The controversy surrounding the issue was the perception from neighbors the guardrail made the road less safe for pedestrians. Staff was interested in moving the shared road project to the next budget cycle. Grandview Drive functioned as a shared road already and it would be cost prohibitive to widen the street. The other issue was the eighty-fifth percentile speed in the area of the new guardrail was 25.6 miles per hour (mph). Alta Avenue showed 31.7 mph in one direction and 31.6 mph the other direction. The City had not required the homeowner to submit a retroactive permit application after the fact and was waiting on Council's decision on the proposed options. Staff did not support option one to remove the guardrail. In the second option to leave the guardrail in place without further action, the traffic engineer determined it was actually safer for all modes of transportation despite a perception otherwise. The third option retained the guardrail and moved forward to make Grandview Drive a shared road. The traffic engineer did not recommend lowering the speed limit to 15 mph. Changing the environment to a shared road would encourage drivers to slow down. Staff would improve the drainage throughout the length of the street, install automated speed-reader signs as well as shared road signs. The traffic engineer concurred with a neighbor's suggestion to install a four way stop at Skycrest Drive and Grandview Drive. A four way stop at that location was possible and would help slow traffic going downhill. It would take a month to survey the area then 6 months to a year to develop a design option. Kimberly Parducci from Southern Oregon Transportation Engineering addressed traffic speed and explained the state created an environment for speed based on the speed that 85% of the people drive. Lowering the speed limit to 15 mph when the eighty-fifth percentile speed was 31 mph would create a speed trap. Changing the environment by reducing the roadway pave width with different kinds of textures on the shoulders, drivers felt they could not drive as fast through that section. Ms. Parducci recommended leaving the speed limit at 25 mph on the lower section and post 15 mph where the improvements are in place. The street was currently a neighborhood collector and not built to the standard of a neighborhood collector. If it were, 25 mph would be the posted speed and 5 to 10 mph higher would be the design speed. In this case, Grandview Drive was not built to standard so it was difficult to determine design speed. She clarified changing the width of road would change the environment for speed. Narrowing the road would naturally reduce speed because drivers would not feel they could go fast. The shared road would narrow the street to 18-feet with nine-foot travel lanes and a separate shoulder made of a different substance for bicycles and pedestrians. It provided a natural calming and reduced speed. Guardrails were designed for different reasons. This was a longitudinal guardrail and should absorb the collision of a vehicle. A vehicle would hit then run along the guardrail and not bounce off and deflect. Any pedestrian-vehicle collision will always be severe. The guardrail was safer for vehicles and from the standpoint that most pedestrians could step over it and hold on if necessary. The guardrail could not make it safe in every instance. Ms. Parducci had heard different stories about 2-3 accidents occurring in the location over the last 40 years but there was not any crash data reports confirming the accidents. Mr. Faught clarified Grandview Drive had always been the highest priority as the first shared road project. Councilor Voisin expressed concern a citizen installed a guardrail without the City's knowledge until notified a week after the fact. She was also concerned that now the City was "jumping through hoops and City Council Business Meeting July 19, 2016 Page 7 of 9 expense" to make the road safer when prior there was not any record of an accident. Mr. Kanner responded Ashland Municipal Code allowed guardrails in the right of way without a permit for protecting a driveway approach. It was not until after when staff did a visual inspection they realized the guardrail extended well beyond the driveway approach. By that time, the traffic engineer determined the guardrail should remain in place. At that point, staff began looking at solutions. It was common with code complaints to work out possible solutions without taking enforcement action. This situation took longer than intended due to Council adopting the shared road policy that was tied to the Normal Neighborhood Plan. Councilor Voisin commented a former city councilor went to the City and reported the installation in March 2015 and went to the Traffic Commission as well. Mayor Stromberg raised a point of order and explained the issue was what action to take, not whether the City did the right thing. Councilor Lemhouse raised a point of order noting Council was in the question phase with staff, there were 10 speakers and argument was scheduled for later. Mayor Stromberg explained Councilor Voisin's questions sounded more like an accusation instead of information gathering to resolve the situation. Councilor Voisin responded she was asking for clarification. If it was the City's error in not responding to this more quickly she thought the City needed to take responsibility for anything that might happen with the guardrail as it exists. She asked the city attorney what kind of responsibility and liability the City had if they keep the guardrail and a pedestrian was killed or maimed due to the guardrail. City Attorney Dave Lohman explained the Council had great discretion to make decisions on taking or not taking precautionary actions as long it seemed reasonable. He presented examples of possible incidences where something "reasonable" came into question and thought a jury most likely would decide it was not reasonable to ignore a traffic engineer's advice to keep the guardrail. Allan Goffe the structural engineer for ACE Engineering explained the guardrail complied with ODOT standards. Guardrails had transition areas at the front back. If the guardrail were cut in half, a new transition area would have to be created. Matt Burkholder/320 Grandview Drive/Owned the lot that bordered the guardrail. The guardrail made the precarious corner safer for all who drove down Grandview Drive. Two consultants independently supported the guardrail. Grandview Drive was one of few streets in Ashland without curbs and sidewalks. He was glad the guardrail got the shared road and road expansion discussion moving forward. He and his wife fully supported the shared road proposal. A majority of the neighbors who attended the Grandview Drive meeting June 2, 2016 supported it as well. Tamara Reichenshammer/64 N Pioneer Street/Thought the curve at the top of Grandview Drive was dangerous and shared frightening experiences driving on the street. Speed was another issue. The guardrail was an asset. Michael Meiring/565 Orchard Street/Explained he was a retired city planner and community development director. He used Grandview Drive often, on bicycles or in cars and it was not safe with the guardrail. Neighbors were so concerned with the guardrail they would not walk on the street. Improvements were now needed. His issue was using money earmarked for maintenance and commented on the disrepair of the roads. Paul Rostykus/436 Grandview Drive/Explained his 91-year-old mother would no longer walk on the road and he had experienced three narrow escapes, one just today. He was frustrated with City staff for the lack of responses to his emails, his code complaint, and to his questions regarding material presented at the June 21, 2016 meeting. He suggested the homeowner or contractor apply for an encroachment permit to install a new guardrail that would protect the house below, it did not need to be 350 feet long, would retain the present pedestrian refuge areas and not cut off the pedestrian escape route. The new plan would require a variety of engineer studies along with inspection during construction. He thought they should remove the City Council Business Meeting July 19, 2016 Page 8 of 9 existing guardrail no later than October 1, 2016 or when a certificate of occupancy was issued. His last point would develop a comprehensive plan for improving the access and safety of Grandview Drive. Mr. Rostykus described areas on the guardrail where a pedestrian could step out as much as six feet from where the guardrail was while other areas were so steep an individual could roll down the hill. There were other options to consider that involved a retaining wall, building it farther, or putting the guardrail down lower on the slope. Jeanette McCartney/795 Garden Way/Driving down the hill at night was frightening due to the steep turn and not safe. Now that there were lots, she could see it as a safety issue if a car went off the road. There was more traffic now with new homes. She thought a flashing light to warn drivers of the steep grade would be helpful. Zak Ali/340 Grandview Drive/Thanked City staff, Council, and everyone involved in the matter. Explained the project involved his family and the Burkholder's. When they decided to start building, they were informed that in 2004 a car went off the road onto their lot and laid there for almost two days. The second incident involved a car coming around the bend and driving into a tree that prevented the vehicle from landing on their property. He realized his house was not protected from a potential future accident and was concerned for the safety of his children. That was the main reason for installing the guardrail. Katie Ali/340 Grandview Drive/Thanked everyone at the City and Council for their help in the matter. Installing the guardrail made sense for the overall protection of their home, family and everyone involved. There were no trees to protect the home from a car veering off the road so they installed a guardrail. The strongly supported the shared road project and expansion. Carlos Reichenshammer/64 N Pioneer/Explained he was the general contractor building the home for the Ali family and the Burkholder family. He had contacted the Public Works Department who informed him it was possible to install a guardrail at the location but there were no funds available. Dr. Ali decided to share the cost of the guardrail. Mr. Reichenshammer contacted the City again for the name of the contractor the City used for guardrail installation. He was informed at that time he needed a permit for street closure when the installation occurred. He first approached the City early March 2015 and applied for a permit April 14, 2015 to close the street April 16, 2015 for installation. He contracted with Gage-It Construction to install the guardrail. The contract stipulated Mr. Reichenshammer applied for the street closure permit with Gage-It Construction applying for any permit necessary for the performance of their work. Mr. Reichenshammer became aware Gage-T Construction had not applied for the proper permits six or eight months later. Gage-It Construction did work for the City often. Work done on City property did not require permits. ODOT approved the guardrail installation plans and they were the same as the plans used to construct guardrails throughout the city and the state. Neighbors were not contacted regarding the installation of the guardrail. James Klug/329 Grandview Drive/Had owned the property on the upside of the guardrail for 43 years. He questioned the shared road concept and people having to jump over the guardrail in the event of an emergency. A twelve-foot retainer was too high although he supported a retainer wall in that location. Shanrzad Sheibani/111 Sunnyview Street/Represented the Homeowners Association of East Village Subdivision on Sunnyview Street. She spoke for eight families who used that road daily and they were grateful for the installation of the guardrail. She thought the City should reimburse the homeowner for installing the guardrail. She shared several experiences when she or her family "wiped out" on the road explaining they called AAA instead of the police. The road needed to be wider. This was their only road when Wimer was not accessible. City Council Business Meeting July 19, 2016 Page 9 of 9 Council Voisin/Marsh m/s to continue discussion of Grandview Drive to a date to be determined by City Administrator. Voice Vote: all AYES. Motion passed. NEW AND MISCELLANEOUS BUSINESS 1. Approval of the 2016 Water Supply Strategy Item delayed due to time constraints. 2. Council input to the League of Oregon Cities regarding legislative priorities Item delayed due to time constraints. ORDINANCES, RESOLUTIONS AND CONTRACTS-continued 2. Approval of second reading 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" ABSTENTIONS, CONFLICTS, EX PARTS CONTACTS Councilor Marsh spoke with the parties of the development about the fact Council had completed one piece of the vote. There was nothing substantive beyond that exchange. Councilor Lemhouse and Morris declared social contact with Valerie and Greg Williams but did not discuss the development. Councilor Rosenthal, Seffinger, and Voisin had nothing to declare. Community Development Director Bill Molnar reviewed changes added at first reading. Fences would be allowed for property owners bordering the public path to the creek along the length of their property. Councilor Marsh/Seffinger m/s to approve Ordinance #3130 and adopt findings. Roll Call Vote: Councilor Morris, Lemhouse, Voisin, Seffinger, Rosenthal, and Marsh, YES. Motion passed. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Councilor Rosenthal announced the Sister City Baseball Classic started Saturday July 23, 2016 in Medford at the US Cellular Community Park, field 7 at 7:00 p.m. with a doubleheader Sunday at 5:00 p.m. and 7:00 p.m. Councilor Seffinger announced Saturday July 30, 2016 volunteers would clean up travelers' campsites in the watershed with an early crew meeting at 7:30 a.m. in the Bandersnatch parking lot and a flash trash crew meeting at 9:00 a.m. City Administrator Dave Kanner announced there was a cougar siting on Gresham Street over the weekend. Staff posted warning signs in the area. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:28 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor ~~~1, n ,n n r J~ ~VP C ~VJ i1 eu~ 1, 11 fj ( `\e,/`~t ( l a~Jl\'~ / O D Z:\ ]J ~~f ? Ln? J/~ I,nJ ~ L ~P) 2 C, A 1- "A l~ /~C? ~a ~)i1(((F v r t r 9~ ~F` ` C 0 A `a C - `\s` 11 r CZ~ Y/.~_n- _ L_ f In August, 1945, atomic bombs instantly reduced the cities of Hiroshima and PIS, v Nagasaki to rubble, taking hundreds of thousands of precious lives. ® In June 1982, the Mayors of Hiroshima and Nagasaki called on Mayors from around the world to join there in working together to press for nuclear <(< abolition. The program created by the Mayors of Hiroshima and Nagasaki is called 0-1 Mayors for Peace and is currently composed of 7,095 cities in 161 countries and regions around the world dedicated to the abolition of nuclear weapons. The City of Ashland declared itself a Nuclear Free Zone by resolution in 1981. The City of Ashland j oined the Mayors for Peace in 1998. There are currently seven Cities in Oregon who have also joined Mayors for Pease. rte; The current goal of the Mayors for Peace is for a total abolition of all nuclear ~rt F ~`s V weapons by the year 2020. This year on August 6 through 9, 2016, Ashland will join cities around the world for a Hiroshima - Nagasaki Vigil in order to remember the events of s~a~~1r 1945 and promote the world wide movement for total nuclear disarmament. ~T JC mot, NOW THEREFORE the Cis Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim_ August 6, 2016, as:~ i ~Hiro,shima Day Il U i`> and hereby proclaim August 9, 2016, as: agasaki Day" in the City of Ashland and invite all. citizens to participate in the Hiroshima- L j v J t vA Nagasaki vigll activities. 7 Dated this 2nd day of August, 2016 r' -~7 John Stromberg, Mayor i Barbara Christensen, City Recorder - oo J (J' Km4~~ ~L v'~~~,~ ~113 hem G v ~ ~ " ~ o ~ - A~~ ~r - Vr 9 ° ~F~' ~P~ -y D ~ ~ ~ ° v P' ~(1~ -U~ V ~ ~ C~J as Cc lr ' F = r . S~~c J t/J\JJJ~ U (l~ Cpl ~~JV-~~ J 1 ~~'a C~ /V -lid CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting Appointment to Conservation Commission FROM: Barbara Christensen, City Recorder, christeb(a~,ashland.or.us SUMMARY Confirm Mayor's appointment of Risa Buck to the Conservation Commission with a term to expire April 30, 2019. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council OD the Mayor's appointment to the Conservation Commission. COUNCIL GOALS SUPPORTED: Ashland Municipal Code (AMC) Chapter 2.13 FISCAL IMPLICATIONS: n/a STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Risa Buck to the Conservation Commission with a term to expire April 30, 2019. SUGGESTED MOTION: Motion to approve Risa Buck to the Conservation Commission with a term to expire April 30, 2019. ATTACHMENTS: Application Page 1 of 1 ILVI CITY OF ^ASH LA* APPLICATION FOR APPOINTMENT TO p~ r CITY COMMISSION/COMMITTEE ~qY 6 17~0I ~J Please type or print answers to the following questions and submit to the City Recorder at 6 City Hall, 20 E Main Street, or email christeb n,ashland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name t S c~ y G ~C (n MVV1(S5,vh(Commission/Committee) Requesting to serve on: 0 `eryJr n Address yOt ~c S~ r e e T Occupation p~ cl C p Phone: Home q s 2 6 y Work Email 5 e r YL12_ t I\ . Viet Fax 1. Education Background I~ 1 ~ r reek What schools have you attended? ~o r~~ exh f z0 h v13-,.~ l7 A r C4 What degr es do you hold? •~7► ~h r ! v So 4 r,'P dt ~h /,o S , A5. AP I o[d 56, e kiCe 1A rcj~jvnvoe/v- What additional train* or education have you had that wo d apply to this position? e0 V' C vCG, 7Y4 I- CDvh w,V ni &f U Uu c,Jcr vevT~ hf A of l~ e~~s G( 44, e~ v C D~Sv(/la ~~'1 Lol~,w,~SSr~nh 4 e~ 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position? z 1 Ave SerJc~ f~,1s 6U kv, 4r v~josf v -12~ -fie a 5- ~c4 v-e /iyd 'AJ Asu::~,,,d Do you feel it would be advantageous for you to h TV e further trainin in this field, such as attending conferences or seminars? Why? of S , Ca k, he vey- K-tio L/d ' ('ee' V- 6 ~ c 1Mo S 5 ~r 3. Interests < Why are you applying for this position? ct yh t yj y Q rv (1 / f © G i~o PC Wo ICJ (r ~v CD ~v~~~ S~ yr ~n T S ~f 1 r e ~r / ~h [ C ~h vt~v► L, Yt /x/ Nirt L, l ( e L(V1,1 ( Qtr e5 t e t CQ G1 CO c, C1 5~vr-m vrC11r% -e~004- 4. Availability y Are you available to attend special meetings, in addition to a regul ly scheduled meetings? Do you prefer day or evening meetings? S o LA/,( 0 f cl 61-4 X9 1/" 5. Additional Information 2- How long have you lived in this community Please use the space below to summarize any additional qualifications you have for this position > Co nyj, &2,2e ~ 4-~ s l/ Gl rJ P D'Yl of r JT=,j~,e S I' j!~/ ~er'S ~Lo r CO k►q nit o V~i P ypq CD kin vY1 v r VV'e d(OL 7~'~ r c s r CD r~ SD l v rip In C 7 r 1 ( CO AS t~ hA7?L~ 55-1 404 r elt i.- n G Date Signature ~r CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting Appointment to Wildfire Mitigation Commission FROM: Barbara Christensen, City Recorder, christeb a ashland.or.us SUMMARY Confirm Mayor's appointment of Tracy Peddicord to the Wildfire Mitigation Commission with a term to expire April 30, 2017. BACKGROUND AND POLICY IMPLICATIONS: This is confirmation by the City Council on the Mayor's appointment to the Wildfire Mitigation Commission. COUNCIL GOALS SUPPORTED: Ashland Municipal Code (AMC) Chapter 2.13 FISCAL IMPLICATIONS: n/a STAFF RECOMMENDATION AND REQUESTED ACTION: Motion to approve appointment of Tracy Peddicord to the Wildfire Mitigation Commission with a term to expire April 30, 2017. SUGGESTED MOTION: Motion to approve Tracy Peddicord to the Wildfire Mitigation Commission with a term to expire April 30, 2017. ATTACHMENTS: Application Page l of 1 1 LALI CITY OF A APPLICATION FOR APPOINTMENT TO CITY COMMISSION/COMMITTEE Please type or print answers to the following questions and submit to the City Recorder at City Hall, 20 E Main Street, or email clirist& a ~ishland.or.us. If you have any questions, please feel free to contact the City Recorder at 488-5307. Attach additional sheets if necessary. Name Requesting to serve on: V t-~> ~-1+ /*A l I-) Cj C1kJ ommissio onimittee) Address l U Cy 5 0N 'Or A, Occupation L-A N b G Cam' k-p-,c o i W CT Phone: Home 1; A A^ .E A 5 8 W Al ` 5.A t-) C 14 tLL 1-.-A-~ 4~.t- A-V e Work q 1 ~>-zj, Email fiir►, t' c! l.. Fax 1. Education Backparound What schools have you attended? A ~ H yA N t> N t C7 V 1 ' I What degrees do you hold? F c7 ~ t.- P~c" Sr r What additional training or education have you had that would apply to this position? AtNtd~ X 12 t? 5 / L~ N S j f ~AA '7PAO 1 jV i c T (2-0(:,V-C- VA PLC '(s 2. Related Experience What prior work experience have you had that would help you if you were appointed to this position9 ft A y .1 vy ryz k {/v t 1 N b (i S-Ir s D rat-t-v t~ r-~- ~7 a N Do you feel it would be advantageous for you to have further training in this field, such as attending conferences or seminars? Why? t-yAI` 3. Interests Why are you applying for this position? - r V\, 1 ',S Tf 1) ► N tr t T A I- s c 4. Availability C c~N yTr~ti ` ~`J Are you available to attend special meetings, in addition to the regularly scheduled meetings? Do you prefer day or evening meetings? ~ A ~ i 5. Additional Information How long have you lived in this community? ~YI V'zt- Please use the space below to summarize any additional qualifications you have for this position T) V1 v It L7 T-_ "(p t-r t IA Gam' +N I Tyk 1--7 02- -il 61A --\-I 0:-' T S br C~pi--1- ~ ~l yr Date Sig ature LAII CITY of ASHLAND Council Communication August 2, 2016, Business Meeting Approval of a Resolution for Exercising the Power of Eminent Domain for the Hersey Street CMAQ Sidewalk Construction Project FROM: Scott Fleury, Engineering Services Manager, Public Works, fleurys cr ashland.or.us SUMMARY This is a resolution authorizing the power of eminent domain with respect to easement acquisition from property owners for the Hersey Street sidewalk construction project. The resolution is required as part of a previously approved intergovernmental agreement (IGA) between the City of Ashland and the Oregon Department of Transportation (ODOT). If approved, the City will continue to work with ODOT and the consultant engineer to negotiate easements without the need to exercise eminent domain. BACKGROUND AND POLICY IMPLICATIONS: At the June 4, 2013, business meeting minutes the City Council approved a Congestion Mitigation and Air Quality (CMAQ) improvement grant to fund engineering and construction of a sidewalk connection between N. Main St. and Oak St. along the northern edge of Hersey St. The engineering design was awarded to OBEC Engineering consultants through a qualification based selection process. At the April 21, 2015, business meeting minutes the City Council approved an IGA for right of way services associated with the Hersey St. sidewalk project. ODOT requires a separate IGA for right of way services associated with grant projects. OBEC was also tasked with acquiring any necessary easements from property owners along the corridor in order to engineer and construct the sidewalk improvement project. OBEC has identified 15 properties that will require either a temporary construction easement and/or a permanent slope easement as part of the project. The right of way services IGA allows ODOT to conduct right of way documentation review and ensure all applicable laws are met. The resolution to exercise eminent domain is required as part of the right of way services IGA 30285, reference Exhibit A, B. Lc of attachment two. The option to exercise eminent domain only comes into play if the consultant cannot successfully obtain any necessary easements voluntarily from property owners. This resolution is required as part of the project and shows the City is willing to take the necessary steps in order to construct the grant funded project. FISCAL IMPLICATIONS: The maximum available grant for this project is $531,000 with a minimum 10.27% in City matching funds. The City is required to fund at a minimum the match, but also obligated to cover any additional monies past the match to complete the project. Staff expects to exceed the match requirement to complete the project. The ODOT fee for right of way review is $20,000. OBEC has estimated Page 1 of 2 1. ~r CITY OF ASHLAND $121,000 with contingency for all 15 required easements files. Public Works staff has budgeted matching funds in the current biennium to cover project costs through fiscal year 2017. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approving the Resolution exercising the power of eminent domain. SUGGESTED MOTION: Move to approve a resolution titled, "A resolution exercising the power of eminent domain". ATTACHMENTS: I . A resolution exercising the power of eminent domain 2. Intergovernmental Agreement no. 30285 for right of way services 3. Local Agency Agreement no. 29101, Congestion Mitigation and Air Quality Grant 4. June 4, 2013 Business meeting minutes 5. April 21, 2015 Business meeting minutes Page 2 of 2 ILAII RESOLUTION NO. 2016- A RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN RECITALS: A. The City of Ashland may exercise the power of eminent domain pursuant to its charter and the law of the State of Oregon generally, when the exercise of such power is deemed necessary by the City's governing body to accomplish public purposes for which the City has a responsibility. B. The City has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public. C. The project or projects known as Hersey Avenue have been planned in accordance with appropriate engineering standards for construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, travel safeguarded; and D. To accomplish the project or projects set forth above it is necessary to acquire the interests in property described in "Exhibit A," attached to this resolution and, by this reference incorporated herein; now, therefore. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the lease private injury. SECTION 2. The power of eminent domain is hereby exercised with respect to each of the interests in the property described in Exhibit A. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon Law; SECTION 3. City's staff and Counsel are authorized and requested to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the Ashland City Council. SECTION 4. City expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. SECTION 5. This resolution was duly PASSED and ADOPTED this day of 2016, and takes effect upon signing by the Mayor. Page 1 of 2 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 Misc. Contracts and Agreements No. 30285 INTERGOVERNMENTAL AGREEMENT FOR RIGHT OF WAY SERVICES Hersey Street Sidewalk: N Main Street to Oak Street (Ashland) THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State", and CITY OF ASHLAND, acting by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. By the authority granted in Oregon Revised Statute (ORS) 190.110, 283.110, 366.572 and 366.576, state agencies may enter into agreements with units of local government or other state agencies for the performance of any or all functions and activities that a Party to the agreement, its officers, or agents have the authority to perform. 2. By the authority granted in ORS 366.425, State may accept deposits of money or an irrevocable letter of credit from any county, city, road district, person, firm, or corporation for the performance of work on any public highway within the State. When said money or a letter of credit is deposited, State shall proceed with the Project. Money so deposited shall be disbursed for the purpose for which it was deposited. 3. That certain Hersey Street is a city street under the jurisdiction and control of Agency and Agency may enter into an agreement for the acquisition of real property. 4. N/A, is a part of the state highway system under the jurisdiction and control of the Oregon Transportation Commission (OTC). 5. This Agreement shall define roles and responsibilities of the Parties regarding the real property to be used as part of right of way for road, street or construction of public improvement. The scope and funding is further described in Local Agency Agreement number 29101. Hereinafter, all acts necessary to accomplish services in this Agreement shall be referred to as "Project." 6. As of this time there are no local public agencies (LPAs) certified to independently administer federal-aid projects for right of way services. Therefore, State is ultimately responsible for the certification and oversight of all right of way activities under this Agreement (except as provided under "Agency Obligations" for LPAs in State's certification program for consultant selection). NOW THEREFORE, the premises being in general as stated in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, to accomplish the objectives in Agreement No. 29101, State and Agency agree to perform certain right of way activities shown in Special Provisions - Exhibit A, attached hereto and by this reference made a part hereof. For the right of way services Riw Services IGA (Revised October 10, 2014) - 1 - State performs on behalf of the Agency, under no conditions shall Agency's obligations exceed a maximum of $20,000.00, including all expenses, unless agreed upon by both Parties. 2. The work shall begin on the date all required signatures are obtained and shall be completed no later than July 31, 2019, on which date this Agreement automatically terminates unless extended by a fully executed amendment. 3. The process to be followed by the Parties in carrying out this Agreement is set out in Exhibit A. 4. It is further agreed both Parties will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35 and the "State Right of Way Manual." STATE OBLIGATIONS 1. State shall perform the work described in Special Provisions - Exhibit A. 2. With the exception of work related to appraisals, State shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from Agency. 3. State shall perform the service under this Agreement as an independent contractor and shall be exclusively responsible for all costs and expenses related to its employment of individuals to perform the work under this Agreement including, but not limited to, retirement contributions, workers compensation, unemployment taxes, and state and federal income tax withholdings. 4. State's right of way contact person for this Project is Jayne Randleman, Senior Right of Way Agent, 100 Antelope Road, White City, OR 97503, 541-774-6394, jayne.a.rand leman@odot.state. or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact changes during the term of this Agreement. AGENCY OBLIGATIONS 1. Agency shall perform the work described in Special Provisions - Exhibit A. 2. Agency certifies, at the time this Agreement is executed, that sufficient funds are available and authorized for expenditure to finance costs of this Agreement within Agency's current appropriation or limitation of current budget. Agency is willing and able to finance all, or its pro-rata share of all, costs and expenses incurred in the Project up to its maximum. 3. Agency's needed right of way services, as identified in Exhibit A, may be performed by qualified individuals from any of the following sources: a. Agency staff, -2- 30285 b. State staff, c. Staff of another local public agency, as described in ODOT's Right of Way Manual and approved by the State's Region Right of Way Office, d. Consultants from State's Full Service Architectural and Engineering (A&E) Price Agreement 2 Tier Selection Process. Tier 2 procurements must be requisitioned through State's Local Agency Liaison (LAL) with solicitation process administered by State Procurement Office. Forms and procedures for Tier 2 process are located at- http://www.oregon.gov/ODOT/CS/OPO/docs/fs/tier2quide.doc; e. *Appraiser services procured by Agency from State's Qualified Appraiser List (on line at http://www.oregon.gov/ODOT/HWY/ROW/Pages/index.aspx)- f. *Other right of way related services procured by Agency from any source of qualified contractors or consultants. * Selections may be based on price alone, price and qualifications, or qualifications alone followed by negotiation. Federally funded procurements by Agency for right of way services must be conducted under State's certification program for consultant selection and must comply with requirements in the LPA A&E Requirements Guide (and must use the State's standard A&E Contract Template for LPAs which may be modified to include State-approved provisions required by Agency). State and local funded procurements by Agency must be in conformance with applicable State rules and statutes for A&E "Related Services" (and Agency may use its own contract document). 4. If Agency intends to use Agency staff, staff of another local public agency, consultants (except for consultants on State's Qualified Appraiser List), or contractors to perform right of way services scheduled under this Agreement, Agency must receive prior written approval from State's Region Right of Way Office. 5. The LPA A&E Requirements Guide and A&E Contract Template referenced above under paragraph 3 are available on the following Internet page: http://www.oregon.gov/ODOT/CS/OPO/Pages/ae.aspx#Local Public Agency (LPA) Cons ultant Templates and Guidance Docs. 6. Agency or its subcontractor will strictly follow the rules, policies and procedures of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35 and the "State Right of Way Manual." 7. Agency represents that this Agreement is signed by personnel authorized to do so on behalf of Agency. 8. Agency's right of way contact person for this Project is Scott Fleury, Engineering Services Manager, 51 Winburn Way, Ashland, OR 97520, 541-552-2412, fleurys@ashland.or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. -3- 30285 PAYMENT FOR SERVICES AND EXPENDITURES: 1. In consideration for the services performed by State (as identified in the attached Exhibit A), Agency agrees to pay or reimburse State a maximum amount of $20,000.00. Said maximum amount shall include reimbursement for all expenses, including travel expenses. Travel expenses shall be reimbursed to State in accordance with the current Oregon Department of Administrative Services' rates. Any expenditure beyond federal participation will be from, or reimbursed from, Agency funds. Payment in Agency and/or federal funds in any combination shall not exceed said maximum, unless agreed upon by both Parties. 2. Agency agrees to reimburse salaries and payroll reserves of State employees working on Project, direct costs, costs of rental equipment used, and per-diem expenditures. GENERAL PROVISIONS: 1. This Agreement may be terminated by either Party upon thirty (30) days' notice, in writing and delivered by certified mail or in person, under any of the following conditions: a. If either Party fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If either Party fails to perform any of the other provisions of this Agreement or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice fails to correct such failures within ten (10) days or such longer period as may be authorized. c. If Agency fails to provide payment of its share of the cost of the Project. d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e. If federal or state laws, regulations or guidellines are modified or interpreted in such a way that either the work under this Agreement is prohibited or State is prohibited from paying for such work from the planned funding source. 2. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 3. Agency acknowledges and agrees that State, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives shall have access to the books, documents, papers, and records of Agency which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, and transcripts for a period of six (6) years after final payment. Copies of applicable records shall be made available upon request. Payment for costs of copies is reimbursable by State. -4- 30285 4. Agency shall comply with all federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Agreement, including, without limitation, the provisions of ORS 279B.220, 27913.225, 279B.230, 279B.235 and 27913.270 incorporated herein by reference and made a part hereof. Without limiting the generality of the foregoing, Agency expressly agrees to comply with (i) Title VI of Civil Rights Act of 1964; (ii) Title V and Section 504 of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. 5. All employers that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required workers' compensation coverage unless such employers are exempt under ORS 656.126. Employers Liability insurance with coverage limits of not less than 500,000 must be included. Both Parties shall ensure that each of its subcontractors complies with these requirements. 6. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. 7. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. 8. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and -5- 30285 reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. 9. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 10. When federal funds are involved in this Agreement, Exhibits B and C are attached hereto and by this reference made a part of this Agreement, and are hereby certified to by Agency. 11. When federal funds are involved in this Agreement, Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon Agency's breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification amount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. 12. The Parties hereto agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 13. This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original. 14. This Agreement and attached exhibits and Agreement No. 29101 constitute the entire agreement between the Parties on 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 Agreement shall bind either Party unless in writing and signed by both Parties and all -6- 30285 necessary approvals have been obtained. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree to be bound by its terms and conditions. Signature Page to Follow -7- 30285 CITY OF ASHLAND, by and through STATE OF OREGON, by and through elected officials its Department of Transportation By By Mayor State Right of Way Manager Date Date By APPROVAL RECOMMENDED City Recorder By Date Region 3 Right of Way Manager APPROVED AS TO LEGAL SUFFICIENCY Date By By Agency Counsel Date Date Agency Contact: APPROVED AS TO LEGAL SUFFICIENCY Scott Fleury Engineering Services Manager By N/A 51 Winburg Way Assistant Attorney General Ashland, OR 97520 541-552-2412 Date fleurys@ashland.or.us APPROVED State Contact: (If Litigation Work Related to Condemnation is Kelli Sparkman to be done by State) Local Agency Liaison 100 Antelope Road By N/A White City, OR 97503 Chief Trial Counsel 541-774-6382 kelli.sparkman@odot.state.or.us Date -8- 30285 SPECIAL PROVISIONS EXHIBIT A Right of Way Services THINGS TO BE DONE BY STATE OR AGENCY 1. Pursuant to this Agreement, the work performed on behalf of the Agency can be performed by the Agency, the Agency's consultant, the State or a State Flex Services consultant, as listed under Agency Obligations, paragraph 3 of this Agreement. The work may be performed by Agency staff or any of these representatives on behalf of Agency individually or collectively provided they are qualified to perform such functions and after receipt of approval from the State's Region 3 Right of Way Manager. 2. With the exception of work related to appraisals, State shall not enter into any subcontracts for any of the work scheduled under this Agreement without obtaining prior written approval from Agency. Instructions: Insert either: State, Agency, or N/A on each line. A. Preliminary Phase 1. Agency shall provide preliminary cost estimates. 2. Agency shall make preliminary contacts with property owners. 3. Agency shall gather and provide data for environmental documents. 4. Agency shall develop access and approach road list. 5. Agency shall help provide field location and Project data. B. Acquisition Phase 1. General: a. When doing the Acquisition work, as described in this Section, Agency shall provide State with a status report of the Project monthly. b. Title to properties acquired shall be in the name of the Agency. c. The Agency shall adopt a resolution of intention and determination of necessity in accord with ORS 35.235 and ORS 35.610, authorizing acquisition and condemnation, such approval will be conditioned on passage of a resolution by Agency substantially in the form attached hereto as Exhibit D, and by this reference made a part hereof. If the Oregon Department of Justice is to handle condemnation work, prior approval evidenced by Chief Trial Counsel, Department of Justice, signature on this Agreement is required; and authorization for such representation shall be included in the resolution adopted by the Agency. Prior approval by Oregon Department of Justice is required. -9- 30285 2. Legal Descriptions: a. Agency shall provide sufficient horizontal control, recovery and retracement surveys, vesting deeds, maps and other data so that legal descriptions can be written. b. Agency shall provide construction plans and cross-section information for the Project. c. Agency shall write legal descriptions and prepare right of way maps. If the Agency acquires any right of way on a State highway, the property descriptions and right of way maps shall be based upon centerline stationing and shall be prepared in accordance with the current "ODOT Right of Way & Rail/Utility Coordination Contractor Services Guide" and the "Right of Way Engineering Manual." The preliminary and final versions of the property descriptions and right of way maps must be reviewed and approved by the State. d. Agency shall specify the degree of title to be acquired (e.g., fee, easement). 3. Real Property and Title Insurance: a. Agency shall provide preliminary title reports, if State determines they are needed, before negotiations for acquisition commence. b. Agency shall determine sufficiency of title (taking subject to). If the Agency acquires any right of way on a State highway, sufficiency of title (taking subject to) shall be determined in accordance with the current "State Right of Way Manual" and the "ODOT Right of Way & Rail/Utility Coordination Contractor Services Guide." Agency shall clear any encumbrances necessary to conform to these requirements, obtain Title Insurance policies as required and provide the State copies of any title policies for the properties acquired. c. State shall conduct a Level 1 Initial Site Assessment within project limits to detect presence of hazardous materials on any property purchase, excavation or disturbance of structures, as early in the project design as possible, but at a minimum prior to property acquisition or approved design. d. State shall conduct a Level 2 Preliminary Site Investigation of sufficient scope to confirm the presence of contamination, determine impacts to properties and develop special provisions and cost estimates, if the Level 1 Corridor study indicates the potential presence of contamination that could impact the properties. • If contamination is found, a recommendation for remediation will be presented to Agency. e. Agency shall be responsible for proper treatment and cost of any necessary remediation. -10- 30285 f. State shall conduct asbestos, lead paint and other hazardous materials surveys for all structures that will be demolished, renovated or otherwise disturbed. Asbestos surveys must be conducted by an AHERA (asbestos hazard emergency response act) certified inspector. 4. Appraisal: a. Agency shall conduct the valuation process of properties to be acquired. b. Agency shall perform the Appraisal Reviews to set Just Compensation. c. Agency shall recommend Just Compensation, based upon a review of the valuation by qualified personnel. 5. Negotiations: a. Agency shall tender all monetary offers to land-owners in writing at the compensation shown in the appraisal review. Agency shall have sole authority to negotiate and make all settlement offers. Conveyances taken for more or less than the approved Just Compensation will require a statement justifying the settlement. Said statement will include the consideration of any property trades, construction obligations and zoning or permit concessions. b. State and Agency shall determine a date for certification of right of way and agree to cosign the State's Right of Way Certification form. State and Agency agree possession of all right of way shall occur prior to advertising for any construction contract, unless exceptions have been agreed to by Agency and State. c. Agency agrees to file all Recommendations for Condemnation at least seventy (70) days prior to the right of way certification date if negotiations have not been successful on those properties. 6. Relocation: a. Agency shall perform any relocation assistance, make replacement housing computations, and do all things necessary to relocate any displaced parties on the Project. b. Agency shall make all relocation and moving payments for the Project. c. Agency shall facilitate the relocation appeal process. C. Closing Phase 1. Agency shall close all transactions. This includes drawing of deeds, releases and satisfactions necessary to clear title, obtaining signatures on release documents, and making all payments. State shall submit all signed Final Report packets, information required by the Uniform Act, and agreements to the Agency. -11 - 30285 2. Agency shall record conveyance documents, only upon acceptance by appropriate agency. D. Property Management 1. Agency shall take possession of all the acquired properties. There shall be no encroachments of buildings or other private improvements allowed upon the State highway right of way. 2. Agency shall dispose of all improvements and excess land consistent with State prevailing laws and policies. E. Condemnation 1. Agency may offer mediation if the Agency and property owners have reached an impasse. 2. Agency shall perform all administrative functions in preparation of the condemnation process, such as preparing final offer and complaint letters. 3. Agency shall perform all legal and litigation work related to the condemnation process. Agency is responsible for passage of a resolution substantially in the form attached hereto as Exhibit D, and by this reference made a part hereof, specifically identifying the property -being acquired. 4. When State shall perform legal or litigation work related to the condemnation process, Agency acknowledges, agrees and undertakes to assure that no member of Agency's board or council, nor Agency's mayor, when such member or mayor is a practicing attorney, nor Agency's attorney nor any member of the law firm of Agency's attorney, board or council member, or mayor, will represent any party, except Agency, against the State of Oregon, its employees or contractors, in any matter arising from or related to the Project which is the subject of this Agreement. -12- 30285 F. Transfer of Right of Way to State When right of way is being acquired in Agency's name, Agency agrees to transfer and State agrees to accept all right of way acquired on the State highway. The specific method of conveyance will be determined by the Agency and the State at the time of transfer and shall be coordinated by the State's Region Right of Way Manager. Agency agrees to provide the State all information and file documentation the State deems necessary to integrate the right of way into the State's highway system. At a minimum, this includes.. copies of all recorded conveyance documents used to vest title in the name of the Agency during the right of way acquisition process, and the Agency's Final Report or Summary Report for each acquisition file that reflects the terms of the acquisition and all agreements with the property owner(s). G. Transfer of Right of Way to Agency When right of way is being acquired in State's name, State agrees to transfer and Agency agrees to accept all right of way acquired on the Agency's facility. The specific method of conveyance will be determined by the State and the Agency at the time of transfer and shall be coordinated by the State's Region Right of Way Manager. If requested, State agrees to provide Agency information and file documentation associated with the transfer. -13- 30285 For purposes of Exhibits B and C, references to Department shall mean State, references to Contractor shall mean Agency, and references to Contract shall mean Agreement. EXHIBIT B (Local Agency or State Agency) CONTRACTOR CERTIFICATION Contractor certifies by signing this Contract that Contractor has not: (a) Employed or retained for a commission, percentage, brokerage, contingency fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Contractor) to solicit or secure this Contract, (b) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract, or (c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Contractor), any fee, contribution, donation or consideration of any kind for or in connection with, procuring or carrying out the Contract, except as here expressly stated (if any): Contractor further acknowledges that this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. DEPARTMENT OFFICIAL CERTIFICATION Department official likewise certifies by signing this Contract that Contractor or his/her representative has not been required directly or indirectly as an expression of implied condition in connection with obtaining or carrying out this Contract to: (a) Employ, retain or agree to employ or retain, any firm or person or (b) pay or agree to pay, to any firm, person or organization, any fee, contribution, donation or consideration of any kind except as here expressly stated (if any): Department official further acknowledges this certificate is to be furnished to the Federal Highway Administration, and is subject to applicable State and Federal laws, both criminal and civil. Exhibit C Federal Provisions Oregon Department of Transportation CERTIFICATION OF NONINVOLVEMENT IN ANY DEBARMENT AND SUSPENSION Contractor certifies by signing this Contract that to the best of its knowledge and belief, it and its principals: 1. Are not presently debarred, suspended, 2. Have not within a three-year period preceding proposed for debarment, declared ineligible or this Contract been convicted of or had a civil voluntarily excluded from covered judgment rendered against them for transactions by any Federal department or commission of fraud or a criminal offense in agency; connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public -14- 30285 transaction; violation of federal or state will be considered in connection with the antitrust statutes or commission of Department determination to enter into this embezzlement, theft, forgery, bribery transaction. Failure to furnish an explanation falsification or destruction of records, making shall disqualify such person from false statements or receiving stolen property; participation in this transaction. 3. The certification in this clause is a material 3. Are not presently indicted for or otherwise representation of fact upon which reliance criminally or civilly charged by a was placed when the Department governmental entity (federal, state or local) determined to enter into this transaction. If it with commission of any of the offenses is later determined that the Contractor enumerated in paragraph (1)(b) of this knowingly rendered an erroneous certification; and certification, in addition to other remedies available to the Federal Government or the 4. Have not within a three-year period preceding Department may terminate this transaction this Contract had one or more public for cause of default. transactions (federal, state or local) terminated for cause or default. 4. The Contractor shall provide immediate written notice to the Department if at any Where the Contractor is unable to certify to any of time the Contractor learns that its the statements in this certification, such prospective certification was erroneous when submitted participant shall submit a written explanation to or has become erroneous by reason of Department. changed circumstances. List exceptions. For each exception noted, indicate 5. The terms "covered transaction", "debarred", to whom the exception applies, initiating agency, and "suspended", "ineligible", "lower tier covered dates of action. If additional space is required, attach transaction", "participant", "person", "primary another page with the following heading: Certification covered transaction", "principal", and Exceptions continued, Contract Insert. "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions EXCEPTIONS: and Coverage sections of the rules implementing Executive Order 12549. You Exceptions will not necessarily result in denial of may contact the Department's Program award, but will be considered in determining Section (Tel. (503) 986-3400) to which this Contractor responsibility. Providing false information proposal is being submitted for assistance in may result in criminal prosecution or administrative obtaining a copy of those regulations. sanctions. 6. The Contractor agrees by entering into this The Contractor is advised that by signing this Contract that, should the proposed covered Contract, the Contractor is deemed to have signed transaction be entered into, it shall not this certification. knowingly enter into any lower tier covered transactions with a person who is debarred, II. INSTRUCTIONS FOR CERTIFICATION suspended, declared ineligible or voluntarily REGARDING DEBARMENT, SUSPENSION, excluded from participation in this covered AND OTHER RESPONSIBILITY MATTERS- transaction, unless authorized by the PRIMARY COVERED TRANSACTIONS Department or agency entering into this transaction. 1. By signing this Contract, the Contractor is providing the certification set out below. 7. The Contractor further agrees by entering into this Contract that it will include the 2. The inability to provide the certification Addendum to Form FHWA-1273 titled, required below will not necessarily result in "Appendix B--Certification Regarding denial of participation in this covered Debarment, Suspension, Ineligibility and transaction. The Contractor shall explain Voluntary Exclusion--Lower Tier Covered why he or she cannot provide the Transactions", provided by the Department certification set out below. This explanation -15- 30285 entering into this covered transaction without 1. By signing and submitting this Contract, the modification, in all lower tier covered prospective lower tier participant is providing transactions and in all solicitations for lower the certification set out below. tier covered transactions. 2. The certification in this clause is a material 8. A participant in a covered transaction may representation of fact upon which reliance rely upon a certification of a prospective was placed when this transaction was participant in a lower tier covered transaction entered into. If it is later determined that the that it is not debarred, suspended, ineligible prospective lower tier participant knowingly or voluntarily excluded from the covered rendered an erroneous certification, in transaction, unless it knows that the addition to other remedies available to the certification is erroneous. A participant may Federal Government, the department or decide the method and frequency by which it agency with which this transaction originated determines the eligibility of its principals. may pursue available remedies, including Each participant may, but is not required to, suspension and/or debarment. check the Nonprocurement List published by the U. S. General Services Administration. 3. The prospective lower tier participant shall provide immediate written notice to the 9. Nothing contained in the foregoing shall be person to which this Contract is submitted if construed to require establishment of a at any time the prospective lower tier system of records to render in good faith the participant learns that its certification was certification required by this clause. The erroneous when submitted or has become knowledge and information of a participant is erroneous by reason of changed not required to exceed that which is normally circumstances. possessed by a prudent person in the ordinary course of business dealings. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered 10. Except for transactions authorized under transaction", "participant", "person", "primary paragraph 6 of these instructions, if a covered transaction", "principal", "proposal", participant in a covered transaction and "voluntarily excluded", as used in this knowingly enters into a lower tier covered clause, have the meanings set out in the transaction with a person who is suspended, Definitions and Coverage sections of rules debarred, ineligible or voluntarily excluded implementing Executive Order 12549. You from participation in this transaction, in may contact the person to which this addition to other remedies available to the Contract is submitted for assistance in Federal Government or the Department, the obtaining a copy of those regulations. Department may terminate this transaction for cause or default. 5. The prospective lower tier participant agrees by submitting this Contract that, should the III. ADDENDUM TO FORM FHWA-1273, proposed covered transaction be entered REQUIRED CONTRACT PROVISIONS into, it shall not knowingly enter into any lower tier covered transaction with a person This certification applies to subcontractors, material who is debarred, suspended, declared suppliers, vendors, and other lower tier participants. ineligible or voluntarily excluded from participation in this covered transaction, • Appendix B of 49 CFR Part 29 - unless authorized by the department or agency with which this transaction Appendix B--Certification Regarding Debarment, originated. Suspension, Ineligibility, and Voluntary Exclusion--Lower Tier Covered Transactions 6. The prospective lower tier participant further agrees by submitting this Contract that it will Instructions for Certification include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower -16- 30285 Tier Covered Transaction", without b. Where the prospective lower tier modification, in all lower tier covered participant is unable to certify to any of transactions and in all solicitations for lower the statements in this certification, such tier covered transactions. prospective participant shall submit a written explanation to Department. 7. A participant in a covered transaction may rely upon a certification of a prospective IV. EMPLOYMENT participant in a lower tier covered transaction that it is not debarred, suspended, ineligible 1. Contractor warrants that he has not or voluntarily excluded from the covered employed or retained any company or transaction, unless it knows that the person, other than a bona fide employee certification is erroneous. A participant may working solely for Contractor, to solicit or decide the method and frequency by which it secure this Contract and that he has not paid determines the eligibility of its principals. or agreed to pay any company or person, Each participant may, but is not required to, other than a bona fide employee working check the nonprocurement list. solely for Contractors, any fee, commission, percentage, brokerage fee, gifts or any other 8. Nothing contained in the foregoing shall be consideration contingent upon or resulting construed to require establishment of a from the award or making of this Contract. system of records to render in good faith the For breach or violation of this warranting, certification required by this clause. The Department shall have the right to annul this knowledge and information of a participant is Contract without liability or in its discretion to not required to exceed that which is normally deduct from the Contract price or possessed by a prudent person in the consideration or otherwise recover, the full ordinary course of business dealings. amount of such fee, commission, percentage, brokerage fee, gift or contingent 9. Except for transactions authorized under fee. paragraph 5 of these instructions, if a participant in a covered transaction 2. Contractor shall not engage, on a full or knowingly enters into a lower tier covered part-time basis or other basis, during the transaction with a person who is suspended, period of the Contract, any professional or debarred, ineligible or voluntarily excluded technical personnel who are or have been at from participation in this transaction, in any time during the period of this Contract, in addition to other remedies available to the the employ of Department, except regularly Federal Government, the department or retired employees, without written consent of agency with which this transaction originated the public employer of such person. may pursue available remedies, including suspension and/or debarment. 3. Contractor agrees to perform consulting services with that standard of care, skill and Certification Regarding Debarment, diligence normally provided by a professional Suspension, Ineligibility, and Voluntary in the performance of such consulting Exclusion--Lower Tier Covered services on work similar to that hereunder. Transactions Department shall be entitled to rely on the accuracy, competence, and completeness of a. The prospective lower tier participant Contractor's services. certifies, by entering into this Contract, that neither it nor its principals is V. NONDISCRIMINATION presently debarred, suspended, proposed for debarment, declared During the performance of this Contract, ineligible or voluntarily excluded from Contractor, for himself, his assignees and participation in this transaction by any successors in interest, hereinafter referred to as Federal department or agency. Contractor, agrees as follows: -17- 30285 1. Compliance with Regulations. Contractor employment, without regard to their agrees to comply with Title VI of the Civil race, creed, color, sex or national origin. Rights Act of 1964, and Section 162(a) of Such action shall include, but not be the Federal-Aid Highway Act of 1973 and the limited to the following: employment, Civil Rights Restoration Act of 1987. upgrading, demotion or transfer; Contractor shall comply with the regulations recruitment or recruitment advertising; of the Department of Transportation relative layoff or termination; rates of pay or to nondiscrimination in Federally assisted other forms of compensation; and programs of the Department of selection for training, including Transportation, Title 49, Code of Federal apprenticeship. Contractor agrees to Regulations, Part 21, as they may be post in conspicuous places, available to amended from time to time (hereinafter employees and applicants for referred to as the Regulations), which are employment, notice setting forth the incorporated by reference and made a part provisions of this nondiscrimination of this Contract. Contractor, with regard to clause. the work performed after award and prior to completion of the Contract work, shall not b. Contractor will, in all solicitations or discriminate on grounds of race, creed, advertisements for employees placed by color, sex or national origin in the selection or on behalf of Contractor, state that all and retention of subcontractors, including qualified applicants will receive procurement of materials and leases of consideration for employment without equipment. Contractor shall not participate regard to race, creed, color, sex or either directly or indirectly in the national origin. discrimination prohibited by Section 21.5 of the Regulations, including employment 4. Information and Reports. Contractor will practices, when the Contract covers a provide all information and reports required program set forth in Appendix B of the by the Regulations or orders and instructions Regulations. issued pursuant thereto, and will permit access to his books, records, accounts, 2. Solicitation for Subcontractors, including other sources of information, and his Procurement of Materials and Equipment. In facilities as may be determined by all solicitations, either by competitive bidding Department or FHWA as appropriate, and or negotiations made by Contractor for work shall set forth what efforts he has made to to be performed under a subcontract, obtain the information. including procurement of materials and equipment, each potential subcontractor or 5. Sanctions for Noncompliance. In the event of supplier shall be notified by Contractor of Contractor's noncompliance with the Contractor's obligations under this Contract nondiscrimination provisions of the Contract, and regulations relative to nondiscrimination Department shall impose such agreement on the grounds of race, creed, color, sex or sanctions as it or the FHWA may determine national origin. to be appropriate, including, but not limited to: 3. Nondiscrimination in Employment (Title VII of the 1964 Civil Rights Act). During the a. Withholding of payments to Contractor performance of this Contract, Contractor under the agreement until Contractor agrees as follows: complies; and/or a. Contractor will not discriminate against b. Cancellation, termination or suspension any employee or applicant for of the agreement in whole or in part. employment because of race, creed, color, sex or national origin. Contractor 6. Incorporation of Provisions. Contractor will will take affirmative action to ensure that include the provisions of paragraphs 1 applicants are employed, and that through 6 of this section in every employees are treated during subcontract, including procurement of -18- 30285 materials and leases of equipment, unless necessary and reasonable steps in accordance exempt from Regulations, orders or with 49 CFR 26 to ensure that Disadvantaged instructions issued pursuant thereto. Business Enterprises have the opportunity to Contractor shall take such action with compete for and perform contracts. Neither respect to any subcontractor or procurement Department nor its contractors shall as Department or FHWA may direct as a discriminate on the basis of race, color, national means of enforcing such provisions, origin or sex in the award and performance of including sanctions for noncompliance; federally-assisted contracts. The Contractor provided, however, that in the event shall carry out applicable requirements of 49 Contractor becomes involved in or is CFR Part 26 in the award and administration of threatened with litigation with a such contracts. Failure by the Contractor to subcontractor or supplier as a result of such carry out these requirements is a material direction, Department may, at its option, breach of this Contract, which may result in the enter into such litigation to protect the termination of this Contract or such other interests of Department, and, in addition, remedy as Department deems appropriate. Contractor may request Department to enter into such litigation to protect the interests of The DBE Policy Statement and Obligations the State of Oregon. shall be included in all subcontracts entered into under this Contract. VI. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY Records and Reports. Contractor shall provide monthly documentation to Department that it is In accordance with Title 49, Code of Federal subcontracting with or purchasing materials Regulations, Part 26, Contractor shall agree to from the DBEs identified to meet Contract abide by and take all necessary and reasonable goals. Contractor shall notify Department and steps to comply with the following statement: obtain its written approval before replacing a DBE or making any change in the DBE DBE POLICY STATEMENT participation listed. If a DBE is unable to fulfill the original obligation to the Contract, DBE Policy. It is the policy of the United States Contractor must demonstrate to Department the Department of Transportation (USDOT) to Affirmative Action steps taken to replace the practice nondiscrimination on the basis of race, DBE with another DBE. Failure to do so will color, sex and/or national origin in the award result in withholding payment on those items. and administration of USDOT assist contracts. The monthly documentation will not be required Consequently, the DBE requirements of 49 after the DBE goal commitment is satisfactory CFR 26 apply to this Contract. to Department. Required Statement For USDOT Financial Any DBE participation attained after the DBE Assistance Agreement. If as a condition of goal has been satisfied should be reported to assistance the Agency has submitted and the the Departments. US Department of Transportation has approved a Disadvantaged Business Enterprise DBE Definition. Only firms DBE Affirmative Action Program which the Agency certified by the State of Oregon, Department of agrees to carry out, this affirmative action Consumer & Business Services, Office of program is incorporated into the financial Minority, Women & Emerging Small Business, assistance agreement by reference. may be utilized to satisfy this obligation. DBE Obligations. The Department and its CONTRACTOR'S DBE CONTRACT GOAL Contractor agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR 26 DBE GOAL 0 % have the opportunity to participate in the performance of contracts and subcontracts By signing this Contract, Contractor assures financed in whole or in part with Federal funds. that good faith efforts have been made to meet In this regard, Contractor shall take all the goal for the DBE participation specified in -19- 30285 the Contract for this project as required by ORS $100,000 and that all such subrecipients shall 200.045, and 49 CFR 26.53 and 49 CFR, Part certify and disclose accordingly. 26, Appendix A. FOR INQUIRY CONCERNING VII. LOBBYING DEPARTMENT'S DBE PROGRAM REQUIREMENT CONTACT OFFICE OF The Contractor certifies, by signing this CIVIL RIGHTS AT (503)986-4354. agreement 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 Federal 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 funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 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 1352, 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. The Contractor also agrees by signing this agreement that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed -20- 30285 RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN EXHIBIT D Right of Way Services WHEREAS (insert title of agency) may exercise the power of eminent domain pursuant to (Agency's charter) (statutes conferring authority) and the Law of the State of Oregon generally, when the exercise of such power is deemed necessary by the (insert title of agency)'s governing body to accomplish public purposes for which (insert title of agency) has responsibility; WHEREAS (insert title of agency) has the responsibility of providing safe transportation routes for commerce, convenience and to adequately serve the traveling public; WHEREAS the project or projects known as (insert Project name) have been planned in accordance with appropriate engineering standards for the construction, maintenance or improvement of said transportation infrastructure such that property damage is minimized, transportation promoted, travel safeguarded; and WHEREAS to accomplish the project or projects set forth above it is necessary to acquire the interests in the property described in "Exhibit A," attached to this resolution and, by this reference incorporated herein; now, therefore BE IT HEREBY RESOLVED by (Agency's Council, Commission, or Board) 1. The foregoing statements of authority and need are, in fact, the case. The project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and the least private injury, 2. The power of eminent domain is hereby exercised with respect to each of the interests in property described in Exhibit A. Each is acquired subject to payment of just compensation and subject to procedural requirements of Oregon law, 3. The (insert title of agency)'s staff and the (Agency's Attorney, Counsel, or District's Counsel (or) (The Oregon Department of Transportation and the Attorney General) are authorized and requested to attempt to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and,, in the event that no satisfactory agreement can be reached, to commence and prosecute such condemnation proceedings as may be necessary to finally determine just compensation or any other issue appropriate to be determined by a court in connection with the acquisition. This authorization is not intended to expand the jurisdiction of any court to decide matters determined above or determinable by the (Agency's Council, Commission, or Board). 4. (insert title of agency) expressly reserves its jurisdiction to determine the necessity or propriety of any acquisition, its quantity, quality, or locality, and to change or abandon any acquisition. DATED this day of , 20_ -21 - 30285 Misc. Contracts and Agreements No. 29101 LOCAL AGENCY AGREEMENT CONGESTION MITIGATION AND AIR QUALITY PROGRAM Hersey Street Sidewalk: N. Main Street to Oak Street City of Ashland THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting by and through its Department of Transportation, hereinafter referred to as "State," and the City of Ashland, acting- by and through its elected officials, hereinafter referred to as "Agency," both herein referred to individually or collectively as "Party" or "Parties." RECITALS 1. Hersey Street is a part of the city street system under the jurisdiction and control of Agency. 2. By the authority granted in Oregon Revised Statutes (ORS) 190.110, and 366.576, State may enter into cooperative agreements with counties, cities, and units of local governments for the per of work on certain types of improvement projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. NOW THEREFORE, the premises being in general as staffed in the foregoing Recitals, it is agreed by and between the Parties hereto as follows: TERMS OF AGREEMENT 1. Under such authority, State and Agency agree to fund, design and construct sidewalks on Hersey Street, from North Main Street to Oak Street, hereinafter referred to as "Project." The location of the Project is approximately as shown on the sketch map attached hereto, marked "Exhibit A," and by this reference made a part hereof. 2. This Project shall be conducted as a part of the Congestion Mitigation and Air Quality (CMAQ) Program under Title 23, United States Code. The total Project cost is estimated at $592,000, which is subject to change. The CMAQ funds are limited to $531,000 with Agency providing the match and non-participating costs, including all. costs in excess of the available federal funds. Agency shall be responsible for determining the amount of federal funds to be applied to each phase of the Project. Agency is not guaranteed the use of unspent funds for a particular phase of work. It is Agency's responsibility to notify State in advance of State obligating the funds for a subsequent phase if Agency wants to release funds on the current authorized phase(s) of work. 3. The federal funding for this Project is contingent upon approval by the Federal Highway Administration (FHWA). Any work performed prior to acceptance by FHWA or outside the scope of work will be considered nonparticipating and paid for at Agency expense. Ivey No. 18250 Agency/State Agreement No: 29101 4. State considers Agency a subrecipient of the federal funds it receives as reimbursement under this Agreement. The Catalog of Federal Domestic Assistance (CFDA) number for this Project is 20.205, title Highway Planning and Construction. 5. The term of this Agreement shall begin on the date all required signatures are obtained and shall terminate upon completion of the Project and final payment or ten (10) calendar years following the date all required signatures are obtained, whichever is sooner. 6. This Agreement may be terminated by mutual written consent of the Parties. 7. State may terminate this Agreement effective upon delivery of written notice to Agency, or at such later date as may be established by State:, under any of the following conditions: a. If Agency fails to provide services called for by this Agreement within the time specified herein or any extension thereof. b. If Agency fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this Agreement in accordance with its terms, and after receipt of written notice from State fails to correct such failures within ten (10) days or such longer period as State may authorize. c_ If Agency fails to provide payment of its share of the cost of the Project d. If State fails to receive funding, appropriations, limitations or other expenditure authority sufficient to allow State, in the exercise of its reasonable administrative discretion, to continue to make payments for performance of this Agreement. e_ If federal or state laws, regulations or guidelines are modified or interpreted in such a way that either the work under this Agreement is prohibited or if State is prohibited from paying for such work from the planned funding source.- 10. Any termination of this Agreement shall not prejudice any rights or obligations accrued to the Parties prior to termination. 11. The Special and Standard Provisions attached hereto, marked Attachments 1 and 2, respectively, are by this reference made a part hereof. The Standard Provisions apply to all federal-aid projects and may be modified only by the Special Provisions. The Parties hereto mutually agree to the terms and conditions set forth in Attachments 1 and 2. In the event of a conflict, this Agreement shall control over the attachments, and Attachment 1 shall control over Attachment 2. 12. Agency, as a recipient of federal funds, pursuant to this Agreement with the State, shall assume sole liability for Agency's breach of any federal statutes, rules, program requirements and grant provisions applicable to the federal funds, and shall, upon 2 Agency/State Agreement No. 29101 Agency's breach of any such conditions that requires the State to return funds to the Federal Highway Administration, hold harmless and indemnify the State for an amount equal to the funds received under this Agreement; or if legal limitations apply to the indemnification ability of Agency, the indemnification arnount shall be the maximum amount of funds available for expenditure, including any available contingency funds or other available non-appropriated funds, up to the amount received under this Agreement. . 13.Agency certifies and represents that the individual(s) signing this Agreement has been authorized to enter into and execute this Agreement on behalf of Agency, under the direction or approval of its governing body, commission, board, officers, members or representatives, and to legally bind Agency. 14.This Agreement may be executed in several counterparts (facsimile or otherwise) all of which when taken together shall constitute one agreement binding on all Parties, notwithstanding that all Parties are not signatories to the same counterpart- Each copy of this Agreement so executed shall constitute an original. 15.This Agreement and attached exhibits constitute the entire agreement between the Parties on 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 Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent, modification or change., if made, shall be effective only in the specific instance and for the specific purpose given. The failure of State to enforce any provision of this Agreement shall not constitute a waiver by State of that or any other provision. 16. State's Project Manager for the Agreement is Kelli Sparkman, ODOT Local Agency Liaison, 100 Antelope Road, White City, OR 97503; (541) 774-6383; kelli_sparkman@odot.state. or.us, or assigned designee upon individual's absence. State shall notify the other Party in writing of any contact information changes during the term of this Agreement. 17.Agency's Project Manager for this Agreement is Scott Fleury, City of Ashland Engineering Services Manager, 51 VVinburn Way, Ashland, OR 97520; (541) 552-2412; fleuNs(cashland.or.us, or assigned designee upon individual's absence. Agency shall notify the other Party in writing of any contact information changes during the term of this Agreement. THE PARTIES, by execution of this Agreement, hereby acknowledge that their signing representatives have read this Agreement, understand it, and agree'to be bound by its terms and conditions. This Project is in the 2012-2015 Statewide Transportation Improvement Program, (Key #18250) that was adopted by the Oregon Transportation Commission on March 21, 2012 (or subsequently approved by amendment to the STIP). 3 Agency/State Agreement No. 29101 City of Ashland, by and through its STATE OF OREGON, by and through elected officialsa its D art ent f Transportation By By High A y Division Administrator Title -A Date _ Date goo APPROVAL RECOMMENDED BY. By~ . Title ` ' - CMAQ Program Coordinator - a Date._ Date _ APPROVED AS TO LEGAL APPROVED AS TO LEGAL SUFFIC(LNCY f r SUFFICIENCY t y w. By~~ 4 Z-? ~t BY'. Age cy Counsel - Assistant Att6rney General I Date _ Date r Agency Contact: State Contact: Scott Fleury Kelli Sparkman City of Ashland Engineering Services ODOT Region 3 Local Agency Liaison Manager 100 Antelope Road 51 Winburn Way White City, OR 97503 Ashland, OR 97520 (541) 774-6383 (541) 552-2412 Kelfi.sparkman(a-)-odot.state. or.us fleurysCcr-ashland.or.us 4 Agency/State Agreement No_ 29101 EXHIBIT A - Project LocationVap . ti v rr~ _ r. _ II I ENEv, I Iii _ - •l , ~•,S. - - Project Limits t I I~ I J ~T G7 _ t _ i •I H =zl I C kFa~ I 'n All" p,- I . "TA -C 5 Agency/State Agreement No. 29101 ATTACHMENT NO. I to Agreement No. 29101 SPECIAL PROVISIONS 1. Agency or its consultant shall, as a federal-aid participating preliminary engineering function, conduct the necessary field surveys, environmental studies, traff ic investigations, foundation explorations, and hydraulic studies, identify and obtain all required permits, assist State with acquisition of necessary right of way and/or easements, and perform all preliminary engineering and design work required to produce final plans, preliminary/final specifications and cost estimates. State shall perform a Hazardous Materials Investigation to detect the presence of hazardous materials within the project limits and, if remediation is required, present a recommendation for remediation to the Agency. 2. Upon State's award of the construction contract, Agency, or its consultant, shall be responsible to perform all construction engineering, field testing of materials, technical inspection and project manager services for adrn nistration of the contract. 3. State may make available Region 3's On-Call Preliminary Engineering (PE), Design and Construction Engineering Services consultant for Local Agency Projects upon written request. If Agency chooses to use said services, Agency agrees to manage the work performed by the consultant and make funds available to the State for payment of those services. All eligible work shall be a federally participating cost and included as part,of the total cost-of the Project. 4. Indemnification language in the Standards Provisions, Paragraphs 46 and 47, shall be replaced with the following language: a. If any third party makes any claim or brings any action, suit or proceeding alleging a tort as now or hereafter defined in ORS 30.260 ("Third Party Claim") against State or Agency with respect to which the other Party may have liability, the notified Party must promptly notify the other Party in writing of the Third Party Claim and deliver to the other Party a copy of the claim, process, and all legal pleadings with respect to the Third Party Claim. Each Party is entitled to participate in the defense of a Third Party Claim, and to defend a Third Party Claim with counsel of its own choosing. Receipt by a Party of the notice and copies required in this paragraph and meaningful opportunity for the Party to participate in the investigation, defense and settlement of the Third Party Claim with counsel of its own choosing are conditions precedent to that Party's liability with respect to the Third Party Claim. b. With respect to a Third Party Claim for which State is jointly liable with Agency (or would be if joined in the Third Party Claim), State shall contribute to the amount of expenses (including attorneys` fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by Agency in such proportion as is appropriate to reflect the relative fault of State on the one hand and of Agency on the other hand in connection with the events which resulted in such expenses, 6 Agency/State Agreement No. 29101 judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of State on the one hand and of Agency on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. State's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if State had sole liability in the proceeding. c. With respect to a Third Party Claim for which Agency is jointly liable with State (or would be if joined in the Third Party Claim), Agency shall contribute to the amount of expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred and paid or payable by State in such proportion as is appropriate to reflect the relative fault of Agency on the one hand and of State on the other hand in connection with the events which resulted in such expenses, judgments, fines or settlement amounts, as well as any other relevant equitable considerations. The relative fault of Agency on the one hand and of State on the other hand shall be determined by reference to, among other things, the Parties' relative intent, knowledge, access to information and opportunity to correct or prevent the circumstances resulting in such expenses, judgments, fines or settlement amounts. Agency's contribution amount in any instance is capped to the same extent it would have been capped under Oregon law, including the Oregon Tort Claims Act, ORS 30.260 to 30.300, if it had sole liability in the proceeding. d. The Parties shall attempt in good faith to resolve any dispute arising out of this Agreement. In addition, the Parties may agree to utilize a jointly selected mediator or arbitrator (for non-binding arbitration) to resolve the dispute short of litigation. 5. Agency shall, at its own expense, maintain and operate the Project upon completion at a minimum level that is consistent with normal depreciation and/or service demand. 7 Agency/State Agreement No. 29101 ATTACHMENT NO. 2 FEDERAL STANDARD PROVISIONS JOINT OBLIGATIONS PROJECT ADMINISTRATION 1. State (ODOT) is acting to fulfill its responsibility to the Federal Highway Administration (FHWA) by the administration of this Project, and Agency (i.e. county, city, unit of local government, or other state agency) hereby agrees that State shall have full authority to carry out this administration. If requested by Agency or if deemed necessary by State in order to rneet its obligations to FHWA, State will further. act for Agency in other matters pertaining to the Project. Agency shall, if necessary, appoint and direct the activities of a Citizen's Advisory Committee andlor Technical Advisory Committee, conduct a hearing and recommend the preferred alternative. State and Agency shall each assign a liaison person to coordinate activities and assure that the interests of both parties are considered during all phases of the Project. 2. Any project that uses federal funds in project development is subject to plans, specifications and estimates (PS&E) review and approval by FHWA or State acting on behalf of FHWA prior to advertisement for bid proposals, regardless of the source of funding for construction. PRELIMINARY & CONSTRUCTION ENGINEERING 3. State, Agency, or others may perform preliminary and construction engineering. If Agency or others perform the engineering, State will monitor the work for conformance with FHWA rules and regulations. In the event that Agency elects to engage the services of a personal services consultant to perform any work covered by this Agreement, Agency and Consultant shall enter into a State reviewed and approved personal services contract process and resulting contract document. State must concur in the contract prior to beginning any work. State's personal services contracting process and resulting contract document will follow Title 23 Code of Federal Regulations (CFR) 172, Title 49 CFR 18, ORS 279A.055, the current State Administrative Rules and State Personal Services Contracting Procedures as approved by the FHWA. Such personal services contract(s) shall contain a description of the work to be performed, a project schedule, and the method of payment. Subcontracts shall contain all required provisions of Agency as outlined in the Agreement. No reimbursement shall be made using federal-aid funds for any costs incurred by Agency or its consultant prior to receiving authorization from State to proceed. Any amendments to such contract(s) also require State's approval. 4_ On all construction projects where State is the signatory party to the contract, and where Agency is doing the construction engineering and project management, Agency, subject to any limitations imposed by state law and. the Oregon Constitution, agrees to accept all responsibility, defend lawsuits, indemnify and hold State harmless, for all tort claims, contract claims, or any other lawsuit arising out of the contractor's work or Agency's supervision of the project. STDPRO-201 1.doc 8 Rev. 01-18-2011 Agency/State Agreement No. 29101 REQUIRED STATEMENT FOR UNITED STATES DEPARTMENT OF TRANSPORTATION (USDOT) FINANCIAL ASSISTANCE AGREEMENT 5. If as a condition of assistance, Agency has submitted and the Unified States Department of Transportation (USDOT) has approved a Disadvantaged Business Enterprise Affirmative Action Program which Agency agrees to carry out, this affirmative action program is incorporated into the financial assistance agreement by reference. That program shall be treated as a legal obligation and failure to carry oJt its terms shall be treated as a violation of the financial assistance agreement. Upon notification from USDOT to Agency of its failure to carry out the approved program, USDOT shall impose such sanctions as noted in _J;FR Part 26, which sanctions may include termination of the agreement or other Title 49 measures that may affect the ability of Agency to obtain future USDOT financial assistance. 6. Disadvantaged Business Enterprises (DBE) Obligations. State and its contractor agree to ensure that DBE as defined in Title 49, CFR Part 26, have the opportunity to participate in.the performance of contracts and subcontracts financed in whole or in part with federal funds. In this regard, Agency shall take all necessary and reasonable steps in accordance with Title 49, CFR, Part 26, to ensure that DBE have the opportunity to compete for and perform contracts. Neither State nor Agency and its contractors shall discriminate on the basis of race, color, national origin or sex in the award and performance of federally-assisted contracts- Agency shall carry out applicable requirements of Title 49, CFR, Part 26, in the award and administration of such contracts. Failure by Agency to carry out these requirements is a material breach of this Agreement, which may result in the termination of this contract or such other remedy as State deems appropriate. 7. The DBE Policy Statement and Obligations shall be included in all subcontracts entered into under this Agreement. 8. Agency agrees to comply with all applicable civil rights laws, rules and regulations, including Title V and Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 (ADA), and Titles VI and VI1 of the Civil Rights Act of 1964. 9. The parties hereto agree and understand that they will comply with all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work including, but not limited to, the provisions of ORS 279C.505, 279C.515, 279C.520, 279C.530 and 279B.270, incorporated herein by reference and made a part hereof, Title 23 CFR Parts 1-11, 140, 710, and 771; Title 49 CFR Parts 18, 24_ and 26; 2 CFR 225,~and- OMB CIRCULAR NO. A-133, Title 23, USC Federal-Aid Highway Act; Title 41, Chapter 1, USC 51-58Anti-Kickback Act; Title_4_2_ USC; Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended and provisions of Federal-Aid Policy Guide (FAPG). STATE OBLIGATIONS PROJECT FUNDING REQUEST 10. State shall submit a Project funding request to FHWA with a request for approval of federal- aid participation in all, engineering, right-of-way acquisition, eligible utility relocations and/or construction work for the Project- No work shall proceed on any activity in which federal-aid participation is desired until such approval has been obtained. The 9 Agency/State Agreement No. 29101 program shall include services to be provided by State, Agency, or others. State shall notify Agency in writing when authorization to proceed has been received from FHWA. Major responsibility for the various phases of the Project will be as outlined in the Special Provisions. All work and records of such work shall be in conformance with FHWA rules and regulations. FINANCE 11. State shall, in the first instance, pay all reimbursable costs of the Project, submit all claims for federal--aid participation to FHWA in the normal manner and compile accurate cost accounting records. Agency may request a statement of costs to date at any time by submitting a written request. When the actual total cost of the Project has been computed, State shall furnish Agency with an itemized statement of final costs. Agency shall pay an amount which, when added to said advance deposit and federal reimbursement payment, will equal 100 percent of the final total actual cost. Any portion of deposits made in excess of the final total costs of Project, minus federal reimbursement, shall be released to Agency. The actual cost of services provided by State will be charged to the Project expenditure account(s) and will be included in the total cost of the Project. 12. If federal funds are used, State will specify the Catalog of Federal Domestic Assistance (CFDA) number in the Agreement. State will also determine and clearly state in the Agreement if recipient is a subrecipient or vendor, using criteria in Circular A-133. PROJECT ACTIVITIES 13. State shall, if the preliminary engineering work is performed by Agency or others, review and process or approve all environmental statements, preliminary and final plans, specifications and cost estimates. State shall, if they prepare these -documents, offer Agency the opportunity to review and approve the documents prior to advertising for bids. 14_ The party responsible for performing preliminary engineering for the Project shall, as part of its preliminary engineering costs, obtain all Project related permits necessary for the construction of said Project. Said permits shall include, but are not limited to, access, utility, environmental, construction, and approach permits. All pre-construction permits will be obtained prior to advertisement for construction. 15. State shall prepare contract and bidding documents, advertise for bid proposals, and award all contracts. 16. Upon State's award of a construction contract, State shall perform independent assurance testing in accordance with State and FHWA Standards, process and. pay all contractor progress estimates, check final quantities and costs, and oversee and provide intermittent inspection services during the construction phase of the Project. 17. State shall, as a Project expense, assign a liaison person to provide Project monitoring as needed throughout all phases of Project activities (preliminary engineering, right-of-way acquisition, and construction). The liaison shall process reimbursement for federal participation. costs. 10 Agency/State Agreement No. 29101 RIGHT OF WAY 18. State is responsible for proper acquisition of the necessary right of way and easements for construction and maintenance of the Project.' Agency may perform acquisition of the necessary right of way and easements for construction and maintenance of the Project, provided Agency (or Agency's consultant) are qualified to do such work as required by the State's Right of Way Manual and have obtained prior approval from State's Region Right of Way office to. do such work. 19. Regardless of who acquires or performs any of the right of way activities, a right of way services agreement shall be created by State's Region Right of Way office setting forth the responsibilities and activities to be accomplished by each party- State shall always be responsible for requesting project funding, coordinating certification of the right of way, and providing oversight and monitoring. Funding authorization requests for federal right of way funds must be sent through the State's Region Right of Way offices on all projects. All projects must have right of way certification coordinated through State's Region Right of Way offices (even for projects where no federal funds were used for right of way, but federal funds were used elsewhere on the Project)- Agency should contact the State's Region Right of Way office for additional information or clarification. 20. State shall review, all right of way activities engaged in by Agency to assure compliance with applicable laws and regulations. Agency agrees that right of way activities shall be in accord with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970, as amended, ORS Chapter 35, FHWA Federal-Aid 'Policv Guide, State's Right of Way Manual and the Code. of Federal Regulations, Title 23, Part 710 and Title 49, Part 24. 21. If any real property purchased with federal-aid participation is no longer needed for the originally authorized purpose, the, disposition of such property shall be subject to applicable rules and regulations, which are in effect at the time of disposition. Reimbursement to State and FHWA of the required proportionate shares of the fair market value may be required- 22. Agency insures that all Project right of way monumentation will be conducted in conformance with ORS 209.155. 23. State and Agency grants each other authority to enter onto the other's right of way for the performance of the Project. AGENCY OBLIGATIONS FINANCE 24. Federal funds shall be applied toward Project costs at the current federal-aid matching ratio, unless otherwise agreed and allowable by law. Agency shall be responsible for the entire match amount, unless otherwise agreed to and specified in the intergovernmental agreement. 25. Agency's estimated share and advance deposit. a) Agency shall, prior to commencement of the preliminary engineering and/or right of way acquisition phases, deposit with State its estimated share of 11 Agency/State Agreement No. 29101 each phase. Exception may be made in the case of projects where Agency has written approval from State to use in-kind contributions rather than cash to satisfy all or part of the matching funds requirement. b) Agency's construction phase deposit shall be 110 percent of Agency's share of the engineer's estimate and shall be received prior to award of the construction contract. Any additional balance of the deposit, based on the actual bid must be received within forty-five (45) days of receipt of written notification by State of the final amount due, unless the contract is canceled. Any unnecessary balance of a cash deposit, based on the actual bid, will be refunded within forty-five (45) days of receipt by State of the Project sponsor's written request. c) Pursuant to ORS 366.425, the advance deposit may be in the form of 1) money deposited in the State Treasury (an option where a deposit is made in the Local Government Investment Pool, and an Irrevocable Limited Power of Attorney is sent to the Highway Finance Office), or 2) an Irrevocable Letter of Credit issued by a local bank in the name of State, or 3) cash. d) Agency may satisfy all or part of any matching funds requirements by use of in-kind contributions rather than cash when prior written approval has been given by State. 26..If the estimated cost exceeds the total matched federal funds available, Agency shall deposit its share of the required matching funds, plus 100 percent of all costs in excess of the total matched federal funds. Agency shall also pay 100 percent of the cost of any item in which FHWA will not participate. If Agency has not repaid any non-participating cost, future allocations of federal funds, or allocations of State Highway Trust Funds, to that Agency may be withheld to pay the non-participating costs. If State approves processes, procedures, or contract administration outside the Local Agency Guidelines that result in items being declared non--participating, those items will not result in the withholding of Agency's future allocations of federal funds or the future allocations of State Highway Trust Funds- 27. Costs incurred by State and Agency for services performed in connection with any phase of the Project shall be charged to the Project, unless otherwise mutually agreed upon. 28. If Agency makes a written request for the cancellation of a federal-aid project; Agency shall bear 100 percent of all costs as of the date of cancellation. If State was the sole cause of the cancellation, State shall bear 100 percent of all costs incurred- if it is determined that the cancellation was caused by third parties or circumstances beyond the control of State or Agency, Agency shall bear all development costs, whether incurred by State or Agency, either directly or through contract services, and State shall bear any State administrative costs incurred- After settlement of payments, State shall deliver surveys, maps, field notes, and all other data to Agency. 29. Agency shall follow requirements of the Single Audit Act. The requirements stated in the Single Audit Act must be followed by those local governments and non-profit organizations receiving $500,000 or more in federal funds. The Single Audit Act of 1984, PL 98-502 as amended by- PL 104-156, described in "OMB CIRCULAR NO- A-133", requires local 12 Agency/State Agreement No_ 29101 governments and non-profit organizations to obtain an audit that includes internal controls and compliance with federal laws and regulations of all federally-funded programs in which the local agency participates. The cost of this. audit can be partially prorated to the federal program. 30. Agency shall make additional deposits, as needed, upon request from State. Requests for additional deposits shall be accompanied by an itemized statement of expenditures and an estimated cost to complete the Project. 31. Agency shall present invoices for 100 percent of actual costs incurred by Agency on behalf of the Project directly to State's Liaison Person for review and approval. Such invoices shall identify the Project and Agreement number, and shall itemize and explain all expenses for which reimbursement is claimed. Billings shall be presented for periods of not less than one- month duration, based on actual expenses to date. All billings received from Agency must be approved by State's Liaison Person prior to payment. Agency's actual costs eligible for federal-aid or State participation shall be those allowable under the provisions of Title 23 CFR Parts 1:11, 140 and 710, Final billings shall be submitted to State for processing within three (3) months from the end of each funding phase as follows. 1) award date of a construction contract for preliminary engineering (PE) 2) last payment for right of way acquisition and 3) third notification for construction. Partial billing (progress payment) shall be submitted to State within three (3) months from date that costs are incurred. Final billings submitted after the three months shall not be eligible for reimbursement. 32. The cost records and accounts pertaining to work covered by this Agreement are to be kept available for inspection by'representatives of State and FHWA for a period of six (6) years following the date of final voucher to FHWA. Copies of such records and accounts shall be made available upon request. For real property and equipment, the retention period starts from the date of disposition (Title 49 CFR 18.42). 33. State shall request reimbursement, and Agency ,agrees to reimburse State, for federal-aid funds distributed to Agency if any of the following events occur: a) Right of way acquisition or actual construction of the facility for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which the federal-aid funds were authorized, b) Right of way acquisition is undertaken utilizing federal-aid funds and actual construction is not started by the close of the twentieth fiscal year following the fiscal year in which the federal-aid funds were authorized for right of way acquisition. c) Construction proceeds after the Project is determined to be ineligible for federal-aid funding (e.g., no environmental approval, lacking permits, or other reasons). 34. Agency shall maintain all Project documentation in keeping with State and FHWA standards and specifications. This shall include, but is not limited to, daily work records, quantity documentation, material invoices and quality documentation, certificates of origin, process 13 Agency/State Agreement No. 29101 control records, test results, and inspection records to ensure that projects are completed in conformance with approved plans and specifications- RAILROADS 35. Agency shall follow State established policy and procedures when impacts occur on railroad property. The policy and procedures are available through State's appropriate Region contact or State's Railroad Liaison- Only those costs allowable under Title 23 CFR Part 645, subpart B and Title 23 CFR Part 140, subpart I, shall be included in the total Project costs; all other costs associated with railroad work will be at the sole expense of Agency, or others. Agency -may request State, in writing, to provide railroad coordination and negotiations. However, State is under no obligation to agree to perform said duties. UTILITIES 36. Agency shall follow State established Statutes, Policies and Procedures when impacts occur to privately or publicly-owned utilities. Only those utility relocations, which are eligible for federal--aid participation under, the FAPG, Title 23 CFR 645A, Subpart A and B, shall be included in the total Project costs; all other utility relocations shall be at the sole expense of Agency, or others. State will arrange for utility relocationsladjustments in areas lying within jurisdiction of State, if State is performing the preliminary engineering. Agency may request State in writing to arrange for utility relocations/adjustments lying within Agency jurisdiction, acting on behalf of Agency. This request must be submitted no later than twenty-one (21) weeks prior to bid let date. However, State is under no obligation to agree to perform said duties. 37. The State utility relocation policy, procedures and forms are available through the appropriate State's Region Utility Specialist or State Utility Liaison. Agency shall provide copies of all signed utility notifications, agreements and Utility Certification to the State Utility Liaison. STANDARDS 38. Agency agrees that design standards for all projects on the National Highway System (NHS) and the Oregon State Highway System shall be in compliance to standards specified in the current "State Highway Design Manual" and related references. Construction plans shall be in conformance with standard practices of State for plans prepared by its own staff. All specifications for the Project shall be in substantial compliance with the most current "Oregon Standard Specifications for Highway Construction". 39. Agency agrees that minimum design standards for non-NHS projects shall be recommended AASHTO Standards and in accordance with the current "Oregon Bicycle and Pedestrian Design Guide", unless otherwise requested by Agency and approved by State. 40. Agency agrees and will verify that the installation of traffic control devices shall meet the warrants prescribed in the "Manual on Uniform Traffic Control Devices and Oregon Supplements". 14 Agency/State Agreement No. 29101 41. All plans and specifications shall be developed in general conformance with the current "Contract Plans Development Guide" and the current "Oregon Standard Specifications for Highway Construction" and/or guidelines provided. 42. The standard unit of measurement for all aspects of the Project shall be English Units_ All Project documents and products shall be in English. This includes, but is not limited to, right of way, environmental documents, plans and specifications, and utilities. GRADE CHANGE LIABILITY 43. Agency, if a County, acknowledges the effect and scope of ORS 105.755 and agrees that all acts necessary to complete construction of the Project which may alter or change the grade of existing county roads are being accomplished at the direct request of the County. 44. Agency, if a City, hereby accepts responsibility for all claims for damages from grade changes. Approval of plans by State shall not subject State to liability under ORS 105.760 for- change of grade. 45. Agency, if a City, by execution of Agreement, gives its consent as required by ORS 373.030(2) to any and all changes of grade within the City limits, and gives its consent as required by ORS 373.050(1) to any and all closure of streets. intersecting the highway, if any there be in connection with or arising out of the project covered by the Agreement. CONTRACTOR CLAIMS 46. Agency shall, to the extent permitted by state law, indemnify, hold harmless and provide legal defense for State against all claims brought by the contractor, or others resulting from Agency's failure to comply with the terms of this Agreement. 47. Notwithstanding the foregoing defense obligations under Paragraph 46, neither Agency nor any attorney engaged by Agency shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. The State of Oregon may, at anytime at its election assume its own defense and settlement in the event that it determines that Agency is prohibited from defending the State of Oregon, or that Agency is not adequately defending the State of Oregon's interests, or that an important governmental principle is at issue or that it is in the best interests of the State of Oregon to do so_ The State of Oregon reserves all rights to pursue any claims it may have against Agency if the State of Oregon elects'to assume its own defense. MAINTENANCE RESPONSIBILITIES 48. Agency shall, upon completion of construction, thereafter maintain and operate the Project at its own cost and expense, and in a manner satisfactory to State and FHWA. WORKERS' COMPENSATION COVERAGE 49. All employers, including Agency, that employ subject workers who . work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage unless such employers are exempt under ORS 656.126. 15 Agency/State Agreement No. 29101 Employers Liability Insurance with coverage limits of not less than $500,000 must be included. Agency shall ensure that each of its contractors complies with these requirements. LOBBYING RESTRICTIONS 50. Agency certifies by signing the Agreement that- a) 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 federal 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 b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal 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. c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. d) 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 Title 31, USC Section 1352. e) 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. Paragraphs 36, 37, and 48 are not applicable to any local agency on state highway projects. 16 7/25/2016 City of Ashland, Oregon - Agendas And Minutes CITY OF Search... ` 11VALANS-11 -A H LA L Back City of Ashland. Oregon /City Council City Council - Minutes -View Agenda, Tuesday, June 04, 2013 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL June 4, 2013 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers. ROLL CALL Councilor Voisin, Morris, Slattery, Rosenthal, and Marsh were present. Councilor Lemhouse arrived at 7:55 p.m. _MAYOR'S ANNOUNCEMENTS Mayor Stromberg announced vacancies on the Firewise, Housing, Transportation, and Tree Commissions and one vacancy on the Band Board. He went on move the agenda item for the second reading of the ordinance to extend the Verde Village timetable following the Consent Agenda. He also explained the resolution and affiliation agreement between City of Ashland, Asante, Ashland Community Hospital, and the Ashland Community Hospital Foundation would occur when the representatives arrived. APPROVAL OF MINUTES The minutes of the Business Meeting of May 21, 2013 were approved as presented. SPECIAL PRESENTATIONS & AWARDS Mayor Stromberg introduced Ashland High School Princesses Katie Shammel and Vicki Lawton-Diet who gave a brief presentation of what they would perform during their stay in the City Sister of Guanajuato, Mexico. CONSENT AGENDA 1. Approval of minutes from committees and commissions 2. Renewal of ambulance operator's license 3. Amendment to IGA with Jackson County for Emergency Notification System 4. Appointment of Dave Chapman to the Transportation Commission 5. Approval of Local Agency Agreement No. 29101 for a Congestion Mitigation and Air Quality improvement grant for construction of Hersey Street sidewalk liUp://www.ashiand.or.us/Agendas.asp?Display=Minutes&AMID=5334 1/7 ~i I 7/2512016 City of Ashland, Oregon - Agendas And Minutes 6. Appointment of Carol Davis to the Planning Commission 7. Special procurement for the purchase of Type 1 fire pumpers 8. Award of contract to apparent low bidder for the miscellaneous concrete 'i project i 9. Approval of a contract with Pathway Enterprises for janitorial services s 10. Declaration and authorization to dispose of surplus property in a sealed bid i auction 11. Liquor license application for James Mills, dba Caldera Brewing Co. 12. Liquor license application for Robert Lindauer, dba Paddy Brannan's Irish Pub 13. An amendment to the IGA for a code assistance grant for the Unified Development Code F Councilor Marsh pulled Consent Agenda items #3 and #8 for further discussion. She noted the IGA (Intergovernmental Agreement) with Jackson County for Emergency Notification System went through March 14, 2016 instead of 2015. Engineering Services Manager Scott Fleury clarified funds left over from the contract for the miscellaneous concrete project could go towards engineered projects associated } with the miscellaneous concrete or to engineering on TSP (Transportation System Plan) projects budgeted for 2016-2019. The bid process awarded new projects to contractors as separate contracts. The standard amount of bonds for bids was 10%. i Councilor Rosenthal/Voisin m/s to approved Consent Agenda items. Voice Vote: all AYES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS 1. Second reading of an ordinance titled, "An ordinance granting a timetable extension to the Verde Village Subdivision development agreement" EXPARTE CONTACT i Mayor Stromberg noted a conversation with the applicants regarding outdated energy items they had agreed on with the initial development. City Attorney Dave Lohman confirmed the conversation did not constitute Exparte contact, as it had no bearing on the decision currently before Council. Councilor Marsh/Slattery m/s to approve Ordinance #3082. DISCUSSION: Staff confirmed nine items recommended by the Planning Commission were included in the development agreement. Roll Call Vote: Councilor Voisin, Marsh, Morris, Slattery, and Rosenthal, YES. Motion passed. PUBLIC HEARINGS 1. Public hearing and approval of a resolution establishing rates for the Ashland Municipal Airport and repealing Resolution 2012-18 Engineering Services Manager Scott Fleury explained the Airport Commission proposed rate increases for hangar rentals and tie down fees. Ground lease agreements adjusted automatically on the CPIU (Consumer Price Index for All Urban Consumers) annually. The Airport Commission recommended raising rental rates $5 t per month for hangar leases and increasing the monthly tie down fee by $1. The Airport maintained a contingency fund and an End Fund Balance. Public Hearing Open: 7:32 p.m. Public Hearing Closed: 7:32 p.m. Councilor SlatterylMarsh m/s to approve Resolution #2013-16. Roll Call Vote: Councilor Slattery, Morris, Voisin, Rosenthal, and Marsh, YES. Motion passed. 2. Public Hearing to consider adopting the annual budget and approval of: Council delayed discussion and approval of the resolutions associated with the Annual http:/ANww.as hi and.or.us/Agendas.asp7D isplay=M i nutes&AM ID=5334 217 I~ 7!25!2016 City of Ashland, Oregon - Agendas And Minutes Budget to the next Council meeting. Administrative Services Director Lee Tuneberg noted a change to the budget in the Water Fund for the Fire Resiliency Program. Instead of $175,000, it should have shown $350,000 for the biennium. The amount would come from the Ending Fund Balance but the total amount would remain the same for appropriations in the Forest Lands Management. The other items were Public Works projects not complete as originally projected. PUBLIC HEARING OPEN: 7:42 p.m, Stefani SeffingerlChair of the Park Commission/448 Taylor Street/Explained that normally she would address the importance of the Parks and Recreation Commission retaining control of the Parks and Recreation budget and operations. Instead, she thanked the Council for the work they did and the citizens who supported the parks with their time and dedication. It was more important now to look to the future where the Parks and Recreation Commission and the Council worked effectively together. 1 Mary Woodingl727 Park StreetlOpposed taking money from the Parks and Recreation Department and hoped the next budget would reinstate the 50%. Abi MaghamfarlAshland Lodging Association/451 N Main Street/Represented the Ashland Lodging Association and thanked the Council and Budget Committee for funding the position of Code Enforcement Officer. The position would help bring over 100 illegal vacation rental operations into compliance and the Ashland Lodging Association volunteered to assist in that process. The Association asked Council to have a quarterly report on the status of illegal vacation homes. Rick Landtl468 Heiman StreetfT'hought the budget was contrary to the City Charter and Council policy. It was a radical departure from the development of previous budgets for the Parks and Recreation Department and not in the best interest of the citizenry. It was unclear to him why the change was necessary other than a 1997 state law made it possible. The Parks Commission's sole responsibilities were the preservation and enhancement of the parks and recreation system. He would work with the public and the City Council/Parks and Recreation Commission ad hoc Committee to continue to shed light on this issue and work for a permanent solution to find dependable sufficient funding for city parks. PUBLIC HEARING CLOSED: 7:50 p.m. Councilor Voisin/Slattery m/s to approve First Reading of the Ordinance, "An ordinance levying taxes for the period of July 1, 2013 to and including June 30, 2014, such taxes in the sum of $10,519,347 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 place on agenda for second reading. DISCUSSION: Councilor Voisin explained the ordinance needed approval of First Reading to rernain in compliance, Councilor Rosenthal supported the budget except for the change and methodology pertaining to the allocation for the Parks and Recreation Department and would not support the motion. The mission and vision outlined in the City Charter for the parks systems was still pertinent and significant, He was concerned in 5-10 years there might not be adequate funding for the parks system. Councilor Marsh noted the process over the last year regarding the Parks and Recreation budget concerned several people. There was an opportunity through the City Council/Parks and Recreation Commission ad hoc Committee to start fresh and discuss how to fund parks in the future. Councilor Slattery commented there would be serious funding issues and challenges over the next 10-20 years and thought every department needed review. The City Council/Parks and Recreation Commission ad hoc Committee and the work the Council and the Parks and Recreation were doing collaboratively would result in a better plan that worked. hUp://www.ashiand.or.us/Agendas.asp?Display=MintAe-s&AMID=5334 317 7/2512016 City of Ashland, Oregon- Agendas And Minutes Councilor Lemhouse arrived at 7:55 p.m. Roll Call Vote: Councilor Slattery, Morris, Voisin, Marsh, and Lemhouse, YES; Councilor Rosenthal NO. Motion passed 5-1. NEW AND MISCELLANEOUS BUSINESS 1. Approval of a resolution titled, "A resolution authorizing Mayor and City Administrator signature of an affiliation agreement Asante, Ashland Community Hospital, the Ashland Community Hospital Foundation and the City of Ashland and authorizing the City Administrator to sign documents necessary to close the # affiliation transaction." City Administrator Dave Kanner provided background on the affiliation agreement and noted some slight changes to the Letter of Intent. One was a provision that if Asante failed to operate Ashland Community Hospital (ACH) as a general hospital under Oregon Administrative Rule, the City had the right to request the hospital revert to the City's sole ownership with a payment of $8,000,000. What was new was Asante could reduce the $8,000,000 to amounts equal to contributions in excess of on average $900,000 per year paid into the ACH benefit pension plan. The reduction would not exceed $2,000,000 and no payment at all if Asante satisfied the outstanding balance of the Umqua bank note the hospital took out in 2004. Also in the first three years, Asante would riot cause any distributions of real property from ACH to Asante or any other entity. Councilor Slattery/Lemhouse m/s to approve Resolution #2013-15. DISCUSSION: Councilor Lemhouse appreciated the effort Councilor Slattery and everyone involved put into the affiliation agreement process. Councilor Morris also° expressed appreciation for the effort. Mr. Kanner explained clarifications to the affiliation agreement better defined capital improvements and tied it to Section 5.2.1 of the GAAP (Generally Accepted Accounting Principles). Asante President and CEO Roy Vinyard noted the negotiation process was complex and involved four parties, and commented that everyone kept the best interest of the community in the forefront. He was looking forward to rebuilding some of the services. Councilor Marsh commented on good faith and Asante's commitment to provide the community with high quality services that reflected community values. Councilor Voisin would support the motion because the City was giving the buildings and land to Asante in exchange for 15 years of maintaining ACH as a general hospital. Councilor Slattery clarified the City was not giving anything away and Asante was paying $8,000,000 loan, picking up a $16,000,000 pension fund and $10,000,000 of capital improvements. Councilor Voisin reiterated the importance of the community getting a general hospital for the next 15 years. Roll Call Vote: Councilor Morris, Lemhouse, Slattery, Marsh, Voisin, and Rosenthal, YES. Motion passed. PUBLIC HEARINGS -continued 3. Public hearing and approval of a resolution titled, "A resolution adopting a miscellaneous fees and charges document and repealing prior fee resolution 2012 -21 " Administrative Services Director Lee Tuneberg explained changes to miscellaneous fees and charges would go into effect July 1, 2013. Often departments did not charge enough for the services provided and fee increases were inflationary. Community Development Director Bill Molnar added the Planning Commission did not review fee amounts and staff based community development increases on changes in the CPI (Consumer Price Index). Community Development did not have an official policy regarding fees or waiving them. A study in 2000 indicated community development fees should cover approximately 75% of the department's resources that went to current development. The Ashland Municipal Code codified waiving fees on projects that met affordability criteria. http:llwww.ashl and.or.us/Agendas.asp?D ispl ay=M i nutes&AM ID=5334 417 7/25/2016 City of Ashland, Oregon - Agendas And Minutes Mr. Tuneberg noted due to infrequent use, it was hard to calculate revenue from fees. He went on to clarify substantive changes to the fees would come back the following year or staff would go to Council directly. Staff would add fire and rescue recovery costs to the document. 3 Public Hearing Open: 8:36 p.m. Public Hearing Closed: 8:36 p.m. Councilor Voisin/Morris mis to approve Resolution #2093-17. Voice Vote: all AYES. Motion passed. PUBLIC FORUM - None 1 1 UNFINISHED BUSINESS None NEW AND MISCELLANEOUS BUSINESS - continued 2. Economic Development Strategy, phase two implementation plan Management Analyst Adam Hanks addressed 3.3 Create coordinated economic development information and marketing plan to maximize public communication tools and explained how it combined a variety of actions to one area for the business community. The concept was having a resource that fit different stages of development. Sub-actions would include a snapshot of the local economy using business license registration, total employees, residential, commercial construction permits, home occupation permits, and Transient Occupancy Tax (TOT) collections. Council wanted to include an AFN (Ashland Fiber Network) strategy or priority action in the plan and have the specific action for the current year be completion of the 5-year plan. City Administrator Dave Kanner thought they could add wording to 6.4 to read, "Pursue the expansion of a State E-commerce Zone for Ashland, and complete the 5-year AFN Business Plan." He also suggested setting aside funds to help AFN market its service to potential E-commerce Zone developers. Council was interested in revisiting 6.1 Evaluate the use of urban renewal districts to spur private reinvestment in targets commercial and employment areas of Ashland and directed staff to change the status to ongoing and schedule a Study Session to discuss the matter further. Mr. Kanner explained there was approximately $150,000 budgeted for the economic development program from the TOT. Of the $150,000, $45,000 was set aside to cover a portion of Mr. Hanks' salary. The remaining $105,000 would fund economic development projects: $30,000 was set aside of short videos to promote innovation and recruit businesses to Ashland $20,000 for a business portal program online $20,000 for commercial property inventory $10,000 to revive the Green Business program $10,000 for the Jobs Commission $15,000 for the City's contribution to the Festival of tights instead of having the money come from the Electric Department Mayor Stromberg noted it might cost more than $10,000 to establish a Job Commission and suggested the Electric Department fund the Festival of tights one more year. Mr. Kanner explained the budget included the $105,000 for economic development projects, but did not specify individual projects. Council could adopt the updated Economic Development Strategy and discuss how to spend the $105,000 at a separate meeting. Council wanted to quantify the Economic Development Strategy to show how the City http:ilwww.ashl and.or.tis/Agendas.asp?D ispl ay= M i nutes&AM ID=5334 7/25/2016 City of Ashland, Oregon - Agendas And Minutes benefited from the $150,000 spent annually. Some of Council was not convinced it was worthwhile investing in a portal and thought a better intermediary goal for the next year was establishing a "Doing Business in Ashland" page on the city website with connections to community partners, license and permit information and business associations. Mayor Stromberg clarified his memo of proposed additions to the Economic Development Strategy. He wanted to recognize the significance and importance of having good schools in the economic development strategy. He also wanted to include how parks tit into the economic development strategy as well. Finally, he wanted to create interaction between innovative and creative people to form something the entire community could access. Councilor Lemhouse/Rosenthal m/s to accept the Economic Development Strategy Phase Two Implementation Plan Update as amended by Council as an appendix to the original Economic Development Strategy adopted by City Council in July 2011. Voice Vote: all AYES. Motion passed. Staff would set up two meetings, a future Study Session on urban renewal and either a Study Session or Council meeting for economic strategy budget items and possibly have Sandra Slattery from the Ashland Chamber of Commerce attend to discuss the portal. 3. Update to financial management policies and account methods in consideration of a biennial budget. Administrative Services Director Lee Tuneberg noted there were nine changes several critical. The first change was the review of required ending fund balance/carry forward minimums and calculations needed with a biennium budget. This revision proposes lowering the General Fund Ending Fund Balance to 10%, to reflect two year's worth of property taxes recelpted in as operating income. Council moved the agenda item to a Study Session for further discussion and clarification. City Administrator Dave Kanner commented that one of the applicants submitting a proposal for the Help Center that Council would review during the June 17, 2013 Study Session wanted to provide a multi-media presentation regarding their proposal. Councilor Voisin/Rosenthal mIs that the two applicants for the RFP for the Help Center have ten minutes to present their applications to the Council. DISCUSSION: Councilor Rosenthal thought ten minutes each was reasonable and the topic was important. Councilor Morris would not support the motion. It was too late in the process for presentations and the meeting should be a question and answer session. Councilor Slattery was not opposed to 5-minute presentations. Roll Call Vote: Councilor Voisin, Rosenthal, and Marsh, YES; Councilor Morris, Lemhouse, and Slattery, NO. Mayor Stromberg broke the tie with a NO vote. Motion failed 3- 4. Councilor Slattery/Marsh m/s give the applicants 5-minutes. Roll Call Vote: Councilor Voisin, Lemhouse, Slattery, Rosenthal, and Marsh, YES; Councilor Morris, NO. Motion passed 5-1. OTHER BUSINESS FROM COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS ADJOURNMENT Meeting adjourned at 9:40 p.m, http:/lwww.ashland.or.us/Agendas.asp?Display=Minutes&AM ID=5334 W 7/2 512 0 1 6 City of Ashland, Oregon - Agendas And Minutes CITY 0F Search... /tea ASHLAND Back City of Ashland, Oregon I City Council City Council - Minutes View Agenda Tuesday, April 21, 2015 MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL April 21, 2015 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 7:00 p.m, in the Civic Center Council Chambers. ROLL CALL Councilor Marsh, Morris, Lemhouse, Seffinger, Rosenthal, and Voisin were present. MAYOR'S ANNOUNCEMENTS APPROVAL OF MINUTES The minutes of the Study Session of April 6, 2015, Executive Session of April 6, 2015 and Business Meeting of April 7, 2015 were approved as amended on page 7 of the Regular Meeting minutes, second paragraph, third sentence should read "The weakness was Travel Oregon" removing the word "not." SPECIAL PRESENTATIONS & AWARDS 1. Annual winter shelter program update Mark Wieczorek explained he was the Social Justice and Action Committee Director from the Rogue Valley Unitarian Universalist Fellowship (RVUUF) who worked in partnership with Temple Emek Shalom and the City Winter Shelter Program at Pioneer Hall. Heidi Parker was the volunteer coordinator for the shelter. Karen Amarotico and Russ Otte were shelter representatives for the First Presbyterian Church and the Trinity Episcopal Church shelters. Mr. Wieczorek explained the shelter at Pioneer Hall provided 1,105 nights of sleep on Tuesday and Thursday nights. Guests consisted of 849 men, 256 women with an average of 25 people and 2 dogs per night. Three unsheltered males died this winter in Ashland, one a regular guest at the shelter. Ms. Parker added from mid November to mid April Ashland volunteers provided overnight shelter to the homeless four nights a week from Monday through Thursday. The First Presbyterian Church on Monday nights, Pioneer Hall Tuesday and Thursday 1/1a http:/Atvww.ashiand.or.us/Agendas.asp?Display=Minutes&AMID=5956 7/25/2016 City of Ashland, Oregon - Agendas And Minutes nights, and Wednesday nights at the Trinity Episcopal Church. There were no emergency shelters activated. The four shelters combined provided 88 nights of shelter. Some volunteers spent the night at the shelters, some brought food and warm beverages, and others cleaned up. The total number of volunteers was 73. The Presbyterian shelter utilized 17 volunteers. 'The Episcopal shelter had 25 volunteers. Pioneer Hall had 13 volunteers on Tuesday nights and 18 for Thursday nights. She thanked everyone who participated in this endeavor. Karen Amarotico was the shelter coordinator for the shelter at First Presbyterian Church that provided shelter for 408 guests for an average of 19 per night. The lowest number was 14 and the highest 33. First Presbyterian Church tried to provide warm meals since this was the first shelter night after three nights of no shelter. She shared comments and gratitude from guests and volunteers. Russ Otte, the shelter coordinator for Trinity Episcopal Church Wednesday night shelter for the third season, hosted 521 guests over 22 nights, 411 men, and 909 women, 1 child and various pets. This was a 15% increase over the previous year and caused capacity issues. Another issue was volunteers. Many of the Trinity Episcopal Church volunteers were aging. l They did not know why the increase occurred over the mild winter and noted there were regular guests and others who appeared to be traveling through town. Other guests F were homeless employed people. 2. 2015 Potential Drought Plan Public Works Director Mike Faught addressed the water supply and explained snow f pack was worse than the previous year. The snow depth for Caliban in 2014 was 38 j inches and this year was 9 inches. Ski Bowl Road had 11 inches of snow in 2014 and i this year zero. The weather was not predicting a substantial amount of snow over the next two weeks and staff was starting to prepare for the 2015 drought. The Talent K Irrigation District (TID) supply was the same as 2014. TID will turn the water on May 4, 2015 and shut down the second or third week of September. The Talent Ashland Phoenix (TAP) Intertie permanent pump station was an 18-month project and would not be completed by summer. Staff would bring in the temporary pump this year for two months at a cost of $47,000. The City planned to ask customers to voluntarily cut back and conserve water usage. Staff planned to keep Reeder Reservoir as full as possible for water use at the end of the summer. The City would i supplement water with TID before using TAP. Conservation Specialist Julie Smitherman explained there were small and large changes people could do to help minimize the impact of drought and use water more efficiently without diminishing the quality of life. There were watering techniques and tools people could implement. One was not overwatering in the spring. Another watering technique was the cycle and soak method that would create deeper roots and drought tolerant plants and tree. Staff was currently working on a Surviving Drought 101 guide with the help of a Southern Oregon University (SOU) student from the I Environmental Studies Department that should be ready in June. She addressed prioritizing landscape as the drought began and thought the most i !i important thing in the landscape was the trees. Another SOU intern was helping the City develop a tree care guide that would outline criteria for different trees. A tree needed approximately 10 gallons of water per inch of trunk diameter. Trees less than two years old would need water once or twice a week during the summer. Established trees would need watering once every other week or once a month depending on soil i factor, tree type, and proximity to other water ways. The city would continue to run the lawn replacement program that resulted in a water savings of 10,000-15,000 gallons per l resident, per summer. The City would continue free irrigation evaluations. The City also had a Water Wise Landscaping website and other information for water ii conservation as well as free aerators and showerheads. j http://www.ashland.or.us/Agendas.asp?D isplay=Minutes&AM ID=5956 2/10 7/2512016 City of Ashland, Oregon - Agendas And Minutes Mr. Faught added the City would reactivate the Multi-modal Departmental Curtailment Committee, purchase new water wise signs, place ads in the local paper, the Oregon Shakespeare theatres, table top cards for restaurants and towel and bedding cards for the hotels. j j Staff would meet with the TID users who would lose their water rights again this year. Last year and this year, users would use TID water until the City needed to supplement city water. Once that happened, the property owners would either use drinking water or create an alternative. Mr. Faught addressed TAP and explained the reasons for running TAP water for a month each year was typical to ensure it ran flawlessly in the event of an emergency. He would provide the cost at a future meeting. Ms. Smitherman clarified watering new trees at the base of the trunk and to the canopy edge for mature trees. j 3. AFRIAFAR update ' t Mayor Stromberg provided background on funding the Ashland Fire Resiliency (AFR) project. The AFRIAFAR team consisted of Chris Chambers, division chief for Ashland Fire and Rescue, Erin Kurtz, district conservationist for the Natural Resources j Conservation Service (MRCS), Darren Borgias, the South Western Oregon program 1 director for The Nature Conservancy (TNC), Executive Director Marko Bey of Lomakatsi j Restoration Project, and Don Boucher, AFR project lead from the US Forest Service (USFS). The group went on to respond to the following questions: 1. What is AFR and when did it start? Mr. Boucher explained AFR was conceived in 2003 to protect water quality and quantity, late-successional habitat, human life and property in the interface, and ecological sustainability. In 2004, the community created an alternative to the AFR proposal with j two major goals. One goal would remove hazardous fuels, and encourage more resilience in the stands. 2. Why is AFR important to Ashland -what do we stand to gain and lose? Mr. Borgias and Division Chief Chambers explained the goals of the AFR project was preserving quality of life, access to recreation, and the spiritual renewal the surrounding forests provided. A midpoint estimate of what would happen in the event of a severe wildfire in the watershed that created erosion and filled the reservoir was $20,000,000. t This did not take into account firefighting costs, home loss and property damage or the j loss of use of recreational purposes and tourism. The Nature Conservancy got involved to help integrate the needs of the community and the needs of natural systems with the project. The work helped protect a late- successional reserve established under the Northwest Forest Plan. It helped protect critical habitat for endangered species that depended on old growth forest and rebalanced closed and open forest canopies. The AI=R project set the stage to manage fire going forward. Ashland was a model for proactive community engagement in federal land management. Eventually a fire will escape immediate suppression and the work AFR was doing would help ensure the area received the benefits of the fire and not just the catastrophic outcomes. 3. What are the AFR partners' roles and how has that translated into financial agreements and work accomplishments? And what does the future hold for AFR? Mr. Boucher explained the partners' signed the master stewardship agreement in 2010 and were half way through the agreement. Each partner brought a unique role to the collaboration. The USFS funneled money into the project and the partnership did the http:/lwww.ashiand.or.us/Agendas.asp?D isplay=Mi nutes&AM ID=5956 3/10 712512016 City of Ashland, Oregon - Agendas And Minutes planning and implementation within the guidelines of the record of decision. The City provided the community engagement piece. The Nature Conservancy monitored the project. Lorrlakatsi Restoration Project brought the workforce and workforce-training piece. The USFS provided oversight and kept the project moving forward. They were five years into the project and shifting to maintenance on previously treated areas while completing the remaining untreated half that would be completed 2020. i 4. Where do we stand now with funding ad how did we get here? The project initially received over $6,000,000 with approximately $695,000 remaining after five years that was identified for work. This year AFR received $1,700,000 from the Joint Chief's landscape Restoration Partnerships program as well as $1,000,000 from the US Forest Service for hazardous fuels reduction funding. April 20, 2015 AFR I received $150,000 of Forest Healthy Protection funding to treat legacy trees. 5. What role did community involvement play in our current funding and what is the City's role going forward? Division Chief Chambers explained AFR would not exist without community involvement. The community was responsible for generating the community alternative now incorporated into the AFR project. The Watershed Art Group formed. The Ashland Chamber of Commerce published a map of the watershed. The money the City contributed in the current biennium made an impression in Washington DC that a municipality would invest in federal land. It helped leverage money recently received for the project, and directly $175,000 in matching funds from the National Forest Foundation. 6. What does "ecosystem services collaboration" mean?, and "cohesive wildfire strategy" and how does Ashland fit into these concepts)' Ecosystem services, also considered "nature's benefits" consisted of a combination of intrinsic and instrumental values. The Cohesive Strategy brought together all levels of communities, government, non-government organizations into one policy and plan to manage wildfire on a landscape scale. It brought in Fire Adapted Communities, Resilient Landscapes, and Fire Suppression/Response. The Fire Adapted Communities was strong in Ashland with a position in the Fire Department. Ashland would experience longer fire seasons and an increased risk for fire with climate change. 7. What is AFAR? What is its relationship to AFR and how does its path forward relate to AFR's? Ms. Kurtz explained that AFAR stood for Ashland Forest All-Lands Restoration project. AFR, through the stewardship agreement and work through core partners focused mostly within the Ashland watershed proper and implemented on federal public lands. The Natural Resources Conservation Service (NRCS) was a department under the US Department of Agriculture. Ms. Kurtz worked with private landowners to implement conservation treatments on all agricultural lands and non-industrial private forestlands. There was a total of 52,000 acres from Wagner Butte to Immigrant Lake and they would target 4,200 acres of private land through AFAR using a cross boundary approach. NRCS committed $1,000,000 for treatments on private lands. 8, What are the socio-economic benefits of AFR/AFAR for Ashland and the Rogue Valley? Mr. Bey explained they were able to sustain 17 full time equivalent (FTE) jobs and http:l/www.ashland.or.us/Agendas.asp?Display=MintAes&AMID=5956 4110 7125/2016 City of Ashland, Oregon - Agendas And Minutes employed 200 people throughout the year constituting a five-month season of a regular eleven-month forestry season for crews. AFR partnership developed and maintained the implementation capacity over the past five years. Lomakatsi was implementing the work with the City of Ashland, AFR partners, and had hired ten additional contractors. They lodged and shopped in Ashland bringing local economic benefit. AFR sent 3.5 million board feet of timber to local mills. They supplied Jackson County Fuel Committee with firewood for those in need. Approximately 150 forest workers had participated in workforce training. The Lomakatsi Youth Program had engaged 2,000 young people through local schools in Ashland and the Rogue Valley with hands on Restoration Forest Stewardship r education. Ashland Watershed Youth Training and Employment program was in its third year. Mayor Stromberg concluded with a quote from Elizabeth Reinhardt, the Assistant Director of Fire and Aviation Management at the USFS supporting AFR and AFAR. d PUBLIC FORUM! ~ Linda Cook/1389 Foss Road, Talent OR/ Explained that five days earlier, she lost her job because people in Ashland contacted her employer and said they would not go into the establishment if she remained an employee there. She thought this happened because she was a whistle blower who did not ignore corruption, nepotism, kleptocracy, social illness, human trafficking, and human rights violations, trading, hazing and bribes and stated the City of Ashland had participated in all of these. All of the incidences i were reported and a case filed with the US Attorney General, the FBI, and President { Obama's office as well as the ACLU. She would continue to be heard on all levels of ' government to prevent this type of targeting until she was treated the same as all other citizens in this community. CONSENT AGENDA 1. Approval of minutes of boards, commissions, and committees 2. Liquor license application for Sean Simpson dba The Playwright Public House 3. Liquor license application for Jamie North dba Flip 4. Liquor license application for Haggen Opco North, LLC dba Haggen 5. Approval of an intergovernmental agreement for Hersey St. sidewalk construction project right-of-way services 6. Ambulance operator's license renewal Councilor RosenthallVoisin mis to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. it 3 PUBLIC HEARINGS 1. Public Hearing on the 2015 Community Development Block Grant Award and CDBG action plan development Housing Specialist Linda Reid explained the City received five applications for $201,718 in available Community Development Block Grant (CDBG) funds. Two applicants submitted applications for the Public Service section that made up 15% of the total annual allocation for approximately $24,832. The entire amount was available for capital improvement projects and the City received three applications. Senior Planner Brandon Goldman noted a disparity in recommendations made by staff and the Housing & Human Services (HHSC) Commission. Staff recommended distributing fund awards :I to four of the applicants with Options for Homeless Residents of Ashland (OHRA) receiving zero funding with a request to apply in subsequent years when they were j ready to proceed. The HHSC requested Council award all five applicants, provide $100,000 to OHRA, and reduce the awards to Rogue Valley Habitat for Humanity and Ashland Supportive Housing accordingly. All five applicants were eligible for CDBG funds. Staff reviewed readiness to proceed and whether a project was likely to expend the awarded CDBG funds within the year. The Department of Housing and Urban Development (HUD) had a timeliness standard http://www.ashiand.or.us/Agendas.asp?Display=M i nutes&AM ID=5956 5/10 s 1 1 7/2512016 Gity of Ashland, Oregon - Agendas And Minutes where the City had to expend funds the same year awarded but in no case accumulate more than 1.5 times the annual allocation carried over to the following year. In the event the City exceeded that, the City had to demonstrate to HUD the fund would be spent within a twelve-month period. If an applicant was unable to complete their project, in this case, the $100,000 requested for OHRA, or they were unable to complete the acquisition within that timeline the City was at risk of having the funds recaptured by HUD. Ms. Reid further explained HUD would run the timeliness test in May. There was $50,000 carried over from this year into next year. If the organization was unable to show they had raised a substantial amount of money and was unable to go further, the City could most likely expend $50,000 in a shorter amount of time than $100,000. Staff based the decision on getting the money out of the account before HUD ran the test. Public Hearing Opened: 8:44 p.m. i i Mary Ferrell/Maslow ProjectlExplained Maslow Project was a social service agency providing wrap around support to homeless children and families in Ashland. The goal j was ensure all homeless children had the opportunity to stay in school and earn a high school diploma. Cheyenne Nichols, project case manager, had worked with 103 children who met the criteria. They identified 28 individuals from five different families that were homeless and now housed. Last year Maslow graduated 100% of their homeless seniors and was on track this year to graduate all seniors with 62% already enrolled in college. She went on to describe the credentials of Maslow Project case managers. Cheyenne Nichols/Maslow Project Case Manager/Spoke on the collaboration within the community that contributed to the Maslow Project success and the importance of having a branch in Ashland. Rich Hansen/St Vincent De Paul/Explained the $19,000 grant St Vincent De Paul received the year before enabled them to help 21 Ashland households for a total of 36 residents. Of the 21 families, 15 were homeless. St Vincent De Paul spent approximately $900 in HUD funds per family. In addition to the CDBG award, they spent over $53,000 of their own funds on rent relief. Charlotte Dorsey/St Vincent De Paul/Spoke an being a volunteer with St Vincent De Paul and the challenges that occur from working with the homeless community. The grant award allowed them to focus successfully on assisting the homeless. Denise James/Habitat for Humanity/Explained she was the executive director for Habitat for Humanity. The $80,000 grant award would help them continue the Low- Income Homeowner Repair Program in Ashland. She noted other donations received that helped the project further. The project was new with critical home repair and smaller repairs under the A Brush with Kindness project. The program started the year slow due to hiring and training staff, establishing policies but was gaining momentum. Councilor Voisin[Rosenthal m/s to extend Public Hearing until 10:30 p.m. Voice Vote: all AYES. Motion passed. Tabitha Wolf/Ashland Supportive Housing and Community Outreach/Explained she was the development coordinator for Ashland Supportive Housing (ASH). The special needs home remodel included demolishing the laundry room to extend the space of the current living area 10-feet then building a new laundry room next to the bathroom. Adding the solar panels would produce a savings in the utility bills within five years. The home would house five individuals on a rotation basis. She went on to clarify the estimates. The main priorities were the concrete project and the laundry room demolition. They could separate the solar project from the others if needed. http:/1www,ashland,or.us/Agendas.asp?D ispl ay=M i nutes&AM I D=5956 6110 7/2512016 City of Ashland, Oregon - Agendas And Minutes Leigh Madsen/Options for Homeless Residents of Ashland (OHRA)/Explained OHRA served 776 individuals since they opened. OHRA helped house over 30 families and 18 individuals attain employment. He listed the agencies that came to OHRA to help people in need. Acquiring a facility would allow more services and provide winter shelter for the homeless. John Wieczorek/ Options for Homeless Residents of Ashland (OHRA)/Addressed the Council Communication that would award OHRA only $50,000 of the $260,000 requested due to the timeliness rule. They would not reach their funding goal to acquire a new building if they received $50,000. They understood the HUD rule. OHRA developed their capital fund drive, attended non-profit board training, and established a fund raising sub-committee. The current location was ideal and securing the building secured the Ashland Community Resource Center and the homeless shelter program for the long-term. The Masonic Temple was interested in selling the building to OHRA but could not commit to yes at this time. Currently OHRA could allocate $15,000 from their accounts. The general funding campaign would correlate with the board's training on fund raising. They noted other funding mechanisms OHRA was researching. The CDBG award would leverage funding efforts from other agencies. Public Hearing Closed: 8:29 p.m. Councilor Seffinger left the meeting at 9:30 p.m. City Administrator Dave Kanner supported the staff recommendation. The CDBG program was set up to provide funds for programs agencies would use now. The ; IOHRA proposal would bank money to match future grant opportunities. Councilor ! Voisin provided examples where the City allowed an agency to bank funds and thought this was a similar opportunity. Councilor MarshlRosenthal mis to award $17,432 to St. Vincent De Paul-Home Visitation Program and $7,400 to the Maslow Project for Case Management Services. DISCUSSION: Councilor Marsh commented on the outstanding services each program provided. Councilor Rosenthal concurred. Roll Call Vote: Councilor Voisin, Lemhouse, Morris, Rosenthal, and Marsh, YES. Motion passed. Councilor Voisin motioned to direct staff to draft the 2014 Annual Action Plan for the use of Community Development Block Grant funds reflecting the award of CDBG funding for the 2015-16 programs as follows: $16,156 to Ashland Supportive Housing; $60,000 to Habitat for Humanity Rogue Valley and $100,000 to OHRA building acquisition with the stipulation that they secure additional funding to assist with the acquisition by March 1, 2016. Motion denied for lack of a second. Councilor Marsh[Voisin mis to direct staff to draft the 2014 Annual Action Plan for the use of Community Development Block Grant funds reflecting the award of CDBG funding for the 2015-16 program as follows: Award $76,886 to Ashland Supportive Housing; Award $50,000 to Habitat for Humanity Rogue Valley, and Award $50,000 in funds to be placed in reserve for OHRA with the stipulation that the City will re-evaluate that award. DISCUSSION: Councilor Marsh commented on the benefits the Ashland Supportive Housing and Habitat for Humanity provided the community. Allocating $50,000 to OHRA was an impressive amount and would not incur a timeliness issue the following year. OHRA was doing terrific work and they used the building well. Councilor Voisin thought the $50,000 would be helpful, wanted it to be more, and hoped it would help leverage as much as it could. The City gave OHRA $100,000 to develop services and they used the money well. Councilor Lemhouse was concerned they received different recommendations from staff and the Housing and http:ftww.ashlatid.or.us/Agendas.asp?Display=Minutes&AMID=5956 7110 7/2 512 0 1 6 City of Ashland, Oregon - Agendas And Minutes Human Services Commission regarding OHRA. He thought the $50,000 would help boost their fund raising program. Awarding a large amount put the City at risk and did not seem fair when Ashland Supportive Housing was ready to start their project and spend the funds. Roll Call Vote: Councilor Voisin, Lemhouse, Morris, Rosenthal, and Marsh, YES. Motion passed. i 2. Public Hearing and decision on the 2015-2019 consolidated plan for use of Community Development Block Grant funds Housing Specialist Linda Reid Explained the 2015-2019 Consolidated Plan was a five- year strategic plan to provide an outline of action for the community as it worked toward j meeting the identified housing and community development needs for low and moderate income households. The plan was required by the Department of Housing ; and Urban Development (HUD) as a management tool to monitor performance and track federal funds provided through the formula grant program. The 2015-2019 Consolidated Plan spending priorities were similar to those included in previous plans. The primary goals of the CDBG program over the next five year period was create and maintain affordable housing units and units occupied by low and moderate income and presumed benefit populations, support services for homelessness, outreach, prevention, and transition, support housing and services for people with special needs, improve safety and access in neighborhoods and throughout the city. Improve j transportation options for low-income and special needs populations and support economic development activities that assist in reducing poverty in low-income and special needs populations. Councilor Rosenthal thought the 2015-2019 Consolidated Plan was insightful, strategic, and done well. :a 7 1 Public Hearing Opened: 9:58 p.m. Public Hearing Closed: 9:58 p.m. Councilor Voisin/Marsh m/s to approve the 2015-2019 Consolidated Plan for use of Community Development Block Grant Funds. DISCUSSION: Councilor Voisin thought the document was well written and provided a basic plan the City was proud to follow. Councilor Marsh agreed. Roll Call Vote: Councilor Voisin, Lemhouse, Morris, Rosenthal, and Marsh, YES. Motion passed. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS (None) .9 ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First reading by title only of an ordinance titled, "An ordinance amending Chapter 11.28 to authorize City Council to establish presumptive parking violation fines by resolution and to clarify determination of fines for single parking j violations and their relationship with other penalties for parking violations" City Attorney Dave Lohman explained the first three parking citations was $11 and comprised of $7 fine and a $4 surcharge to pay for parking improvements, leases, and bonds to pay for parking improvements. The fine for 15 Minute parking was $15. The fourth citation incurred a $25 penalty. The ordinance added the $25 penalty after the IF third parking citation but Diamond Parking did not have the ability to apply the penalty after three fines. The fifth citation was $50 and the sixth went back to $11. Fines riot t paid within 10 days received a $10 penally, 30 days resulted in a $30 penalty, and a $50 penalty for fines not paid within 50 days. If an individual took the fourth citation to court i= and it was dismissed, it went back to three citations. The issue came up due to the Downtown Parking and Circulation Committee reviewing how to maximize the limited capacity for parking and increase turnover to make better use of that capacity. The City of Medford charged $25 for parking citations. In 2014, Ashland had 11,474 parking citations downtown. Of those, 419 were appealed to the hftp:/Mww.ashland.or.us/Agendas.asp?Djsplay=Minutes&AMID=5956 8110 7/25/2016 City of Ashland, Oregon - Agendas And Minutes municipal court, 104 were dismissed, and 235 were reduced to zero. To date in 2015 there were 73 vehicles with four or more citations. Diamond Parking estimated they spend 18 hours a month dealing with administrative issues related to appeals. Mr. Lohman had several goals regarding parking fines. One was reduce violations, increase turnover, and more fairly share the existing parking capacity downtown. The second goal was clarify who set parking fines and define the process. The third was correlate references in the two different chapters. A fourth goal would clarify penalties and fines. A fifth goal would set a legal standard for deviating from presumptive fines. 3 The legal standard required legal grounds. Municipal Court Judge Pam Turner had concerns regarding the legal standard and wanted to address Council or staff on the issue. Mayor Stromberq also spoke to Judge Turner and invited her to come to the next Council meeting when parking violations were on the agenda and present on the topic for fifteen minutes and in the interim submit something in writing. Councilor Marsh/Lemhouse m/s to table the item until the May 5, 2015 meeting. Voice Vote: all AYES. Motion passed. OTHER BUSINESS FROM-COUNCIL MEMBERSIREPORTS FROM COUNCIL LIAISONS Councilor Lemhouse announced the Wildlife Mitigation Commission would have the fourth annual Firewise Clean-Up Day Saturday, April 25, 2015, 9:00 a.m. to 4:00 p.m. at the Valley View Transfer Station. The Public Arts Commission was exploring vinyl wraps for utility boxes instead of painting. ADJOURNMENT OF BUSINESS MEETING Meeting adjourned at 10:29 p.m. Barbara Christensen, City Recorder John Stromberg, Mayor Printer Friendly Version ~L Fire ;Local Living with Climate ' ` I & Election , A I Danger Air Quality A;;hl~,r cl ! Deer & Energy Information I . 1 level Info ; ; Wildlife Action Plan Is High I get detalis learn more ( learn more } learn more } Pay Your Utility Bill Connect to AFN Request Conservadon Evaluation Proposals, Bids, Notifications to Request Building Inspection Apply for Building Permits Apply for Other Permits, U tenses 'Register for Recreation Programs `E'j http://www.ashland.or.us/Agendas,asp?D isplay= M i nutes&AM ID=5956 9110 CITY OF AAS H LA N D Council Communication August 2, 2016, Business Meeting Liquor License Application for Amrik Bagri dba South Town Market & Deli FROM: Barbara Christensen, City Recorder, christeb@ashland.or.us SUMMARY Approval of a Liquor License Application from Amrik Bagri dba South Town Market & Deli at 1522 Siskiyou Blvd. BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - New License The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. In May 1999, the council decided it would make the above recommendations on all liquor license applications. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following: The city has determined that the location of this business complies with the city's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The city council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve liquor license for Amrik Bagri dba South Town Market & Deli. ATTACHMENTS: Liquor License Application Page 1 of 1 ~L I , OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Application is being made for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: 0 Full On-Premises Sales ($402.60/yr) ❑ Change Ownership Commercial Establishment 0 New Outlet The City Council or County Commission: Caterer ❑ Greater Privilege © Passenger Carrier ❑ Additional Privilege (name of city or county) Other Public Location ❑ Other recommends that this license be: ❑ Private Club ❑ Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied ElOff-Premises Sales ($100/yr) By: with Fuel Pumps (signature) (date) Brewery Public House ($252.60) Name: Winery ($250/yr) ❑ Other: Title: 90-DAY AUTHORITY ❑ Check here if you are applying for a change of ownership at a business OLCC USE ONLY that has a current liquor license, or if you are applying for an Off-Premises Application Rec'd by: Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: 2 ❑Limited ❑ Corporation E] Limited Liability ❑ Individuals Partnership Company 90-day authority: ❑ Yes No 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] SOUThTOWN MARKET LLC OO 2. Trade Name (dba): SOUTH TOWN MARKET & DELI 3. Business Location: 1522 SISKIYOU BLVD ASHLAND JACKSON OR 97520 (number, street, rural route) (city) (county) (state) (ZIP code) 4. Business Mailing Address: SAME (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: 541-514-9661 541-897-4441 (phone) (fax) 6. Is the business at this location currently licensed by OLCC? QYes ONo 7. If yes to whom: -Type of License: 8. Former Business Name: N/A 9. Will you have a manager? Yes ❑No Name:AMRIK S BAGR) (manager must fill out an Individual History form) 10. What is the local governing body where your business is located? CITY OF ASHLAND (name of city or county) 11. Contact person for this application:AMRIK BAGRI 541-514-9661 (name) (phone number(s)) 4457 PARK RIDGE DR, MEDFORD OR 97504 541-897-4441 CMARKETNDELI L. CC (address) (fax number) ( Cma J) 1 understand that if my answers are not true and complete, the OLCC may Ii at Ph Applicant(s) Signature(s) and Date: JUL 01 2016 ® J'42)t AA Date 06/22/2016 Date O gm""-k L('n Date06/22/2016 ® MEDFORD REGIO OFFICE 1-800-452-OLCC (6522) • www.oregon.gov/olcc CONTROL COMMISSION (rev. 0e/2011) CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting Liquor License Application for Koongsun Lee dba Little Tokyo FROM: Barbara Christensen, City Recorder, christeb@ashland.onus SUMMARY Approval of a Liquor License Application from Koongsun Lee dba Little Tokyo at 29 N Main Street BACKGROUND AND POLICY IMPLICATIONS: Application is for a new license - Change in ownership. The City has determined that the license application review by the city is set forth in AMC Chapter 6.32 which requires that a determination be made to determine if the applicant complies with the city's land use, business license and restaurant registration requirements (AMC Chapter 6.32) and has been reviewed by the Police Department. In May 1999, the Council decided it would make the above recommendations on all liquor license applications. COUNCIL GOALS SUPPORTED N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Endorse the application with the following. The City has determined that the location of this business complies with the City's land use requirements and that the applicant has a business license and has registered as a restaurant, if applicable. The City Council recommends that the OLCC proceed with the processing of this application. SUGGESTED MOTION: Under Consent agenda item, a motion to approve a liquor license for Koongsun Lee dba Little Tokyo. ATTACHMENTS: Liquor License Application Page 1 of 1 APlAi'l AOL, 10 OREGON LIQUOR CONTROL COMMISSION LIQUOR LICENSE APPLICATION Ap Ip icatign is being made for: CITY AND COUNTY USE ONLY LICENSE TYPES ACTIONS Date application received: ❑ Full On-Premises Sales ($402.60/yr) OKChange Ownership ® Commercial Establishment ® New Outlet The City Council or County Commission: ® Caterer [3Greater Privilege ® Passenger Carrier 0 Additional Privilege (name of city or county) ® Other Public Location [3 Other recommends that this license be: O Private Club Limited On-Premises Sales ($202.60/yr) ❑ Granted ❑ Denied ff-Premises Sales ($100/yr) By: O with Fuel Pumps (signature) (date) ® Brewery Public House ($252.60) Name: ❑ Winery ($250/yr) ® Other: Title: 90-DAY AUTHORITY OLCC USE ONLY [Check here if you are applying for a change of ownership at a business that has a current liquor license, or if you are applying for an Off-Premises Application Rec'd by: Sales license and are requesting a 90-Day Temporary Authority APPLYING AS: Date: []Limited Corporation D Limited Liability ElIndividuals Partnership Company 90-day authority: ❑ Yes XNO 1. Entity or Individuals applying for the license: [See SECTION 1 of the Guide] D T 0 At4~~ °t! s '4 c L ~n Yl C; C; 2. Trade Name (dba): -(C, -Tokyo 3. Business Location: &'eyi 146 (number, street, rural route) ii (city) (county) (state) (ZIP code) 4. Business Mailing Address:_~n (PO box, number, street, rural route) (city) (state) (ZIP code) 5. Business Numbers: -O (phone) (fax) 6. Is the business at this location currently licensed by OLCC? kYes []No 7. If yes to whom: k-1: , Type of License: L (~1 S 8. Former Business Name: ±ftrk~~ (A 9. Will you have a manager? M es 6~o Name: (manager must fill out n Individual History form) 10. What is the local governing body where your business is located? A~ k ~ ~1_0_1 I (name of city or county) 11. Contact person for this application: k Le (~arrp) Lx (phone number(s)) o~<iJ 17_61:zf=4 % (address) (fax number) ) f^` understand that if my answers are not true and comPlete the OLCC may de c D Applicant( Signature(s) and Date: ) Date CJ ie--.D. ~9 JUN 2 ~1~ ~16 O Date T MEDFORD REGIC. OFFICE OREGON OUOR--- 1-800-452-OLCC (6522) • www.oregon.gov/olcc CONTROL COMMISSION (rev. 08/2011) CITY OF ASHLAND Council Communication August 2, 2016 Business Meeting Purchase of Real Property Totaling 45.79 Acres in the City of Ashland and Jackson County, Including Taxlots 391E08DB200 and 391EO8600 FROM: Michael A. Black, Director, Ashland Parks and Recreation Commission, michael.black@ashland.or.us SUMMARY Staff is requesting the City Council affirm the decision of the Ashland Park Commissioners and grant the authority to purchase 45.79 acres of wooded land at the terminus of Hitt Road in the western hills of Ashland. The property has value to the Ashland Parks and Recreation Commission due to its location adjacent to property currently in the ownership/management of APRC, as well as the trails and natural features currently located on and throughout the property. BACKGROUND AND POLICY IMPLICATIONS: APRC staff was approached by the owners of a -taxlots 391 E08DB200 and 391 EO8600 to y @ y , determine whether APRC could benefit from purchasing the two properties equaling 45.79 acres of land. The properties taxlots "200, and "600 " are located at the southern terminus of Hitt Road and provide needed AFFC ' public access to the Hitt Road Trail and connectivity to existing trails such as Birdsong and the Hald Strawberry property. p@} . ~F g Y Y yy~~ HITT RJAV Saar # wa r PROFEM Taxlot 200 - - [ urHLA s rrr This com rises 27.25 acres and is "`n PARK property p TRAIL,{ 3 within the boundaries of the City of Ashland. di!w The current zoning is WR (Woodland Residential). Taxlot 200 is currently forested. and has a steep sloe (>35%) rising to the bfF southwest from Hitt Road. The property is ~home to the Hitt Road trail which has been established by users; however, there are currently no easements or other terms of use for public access to this private property. By all accounts, the trail is heavily used by the public. This property is also the location of the "Acid Rock Castles," which are rock outcroppings and apparently a significant part of the local culture. Page 1 of 3 ~r CITY OF ASHLAND There are currently no structures on this property; however, it has the potential for only one building lot due to its severe slope. Taxlot 600 This property is 18.54 acres in size and contains much of the same characteristics of lot 200. The property is severely sloped - over 35% grade - and is forested. The property lies outside of the City of Ashland boundary and is in the jurisdiction of Jackson County. The current Jackson County zoning is WR (Woodland Resource). There are no structures on this property and building would be limited to one lot if access could be gained, which is highly unlikely. Lot 600 has portions of the Hitt Road trail running through it. As the terrain changes on the property, the trail moves back and forth from the north to south winding its way up the hillside. This property houses about ~/4 mile of the Hitt Road Trail. Purpose of the Property The Hitt Road properties contain cultural, natural and recreational amenities that will provide a public benefit if accessible to the public. The purchase of the properties will allow the public access to nearly .75 miles of trail through natural areas within the wildland interface of the City of Ashland. Additionally, the public ownership of these properties will allow access to the "Acid Rock Castles" and other viewpoints which provide majestic outlooks of the City and surrounding land. Aside from cultural and recreational access, public ownership will also afford the forestry division of APRC to work with the City to establish healthy forestry treatments on the property. The attached map shows the location of the property and its relationship to other public lands in the area. The Commissioners of APRC have met in executive session to discuss this matter and have designated me as its negotiating agent, with that authority I have extended an offer to purchase the aforementioned properties for $360,000. APRC has engaged a real estate professional who has worked between the owners and our organization to arrive at acceptable terms for the purchase of the property. Although a recent appraisal of the property has determined that the property's value could be $320,000, a review of real estate trends, comparable sales and the advice of our contracted real estate professional establish a value equal to the proposed sale price of $360,000. COUNCIL/PARKS COMMISSION GOALS SUPPORTED: City Council Goals: 9. Enhance and expand natural and recreational resources. Parks Commission Goals: 1. In partnership with the City of Ashland and other stakeholders, review, update and implement the Trails and Open Space Master Plan. FISCAL IMPLICATIONS: The negotiated purchase price of this property is $360,000, or $7,861.97 per acre. The APRC CIP was approved with $1,662,385 dedicated to land acquisition. Currently APRC has a balance of $562,340 Page 2 of 3 ILAII CITY OF ASHLAND available in the SDC account, all of which has been dedicated to land acquisition. The availability of funds has been verified by the finance department. STAFF RECOMMENDATION AND REQUESTED ACTION: APRC staff recommends that the Ashland City Council ratify the decision of the Ashland Parks Commissioners and grant approval to purchase taxlots 391E08DB200 and 391E08600 totaling 45.79 acres the agreed upon price of $360,000. SUGGESTED MOTION: I move to approve the request from the Ashland Parks and Recreation Commission to purchase the 45.79 acres of land known as the Hitt Road property for $360,000 and authorize the Parks Director, City Administrator and City Attorney to execute all documents necessary to complete the purchase. ATTACHMENTS: A. Map of Hitt Road Parcels; B. Vicinity Map of Subject Properties; C. Appraisal of Subject Parcels; D. Market Analysis of Subject Parcels; and, E. 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J~}1 bb ~ Ei s. # t ,was' APPRAISAL OF: Harshman Properties Portfolio 50 Percent Interest Jackson County, Oregon Prepared For: Bruce Harshman Report Date: October 12, 2015 Date of Value: - April 11, 2015 BRO`W'N. CHUDLEIGI-I. SCHULER, MYERS. AND ASSOCIATES /'CASCADE CHANTER CONIPW'. LLt BROWN, CHUDLEIGH. SCHULF-R. MYERS. AND ASSOCIATES REAL UST.-A"IL .11'PR.kISALS - ('(-)~ti - Li l`~:I.: LAWRENCE E. BROWN. MAI CRE (19-1?-19901 kVALTFR H. CHUDLEIGH 111. MAI GREGORY S. SCH LER DEAN A..MYERS October 12, 2015 Bruce Harshman 575 Foss Road Talent, Oregon 97540 Reference: Appraisal of the Harshman Properties Portfolio located in Jackson - County, Oregon. Our File No. 4149.2. Dear Mr. Harshman; In response to your request, we have personally examined and appraised the Harshman Properties Portfolio located in Jackson County, Oregon. The purpose of this appraisal is to set forth our opinions relative to the "as is" retrospective market values of the fee simple interest in the subject properties. The retrospective date of value is April 11, 2015, the date of death of Patsy Harshman. It is our understanding that the appraisal report will be utilized by the client for estate tax reporting purposes. No other purpose, use, or users of this report are authorized or intended. This appraisal is prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP); the Financial Institution's Reform, Recovery, and Enforcement Act of 1989 (FIRREA); and Chapter 12 Code of Federal Regulation Part 34 (12CFR34) of the Office of the Comptroller of the Currency titled, "Real Estate Appraisals." This report is also prepared within the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, the Interagency Appraisal and Evaluation Guidelines (effective December 10, 2010). This appraisal assignment is not based upon a requested minimum valuation, a specific valuation, or the approval of a loan. The following is a summary of the individual properties comprising the portfolio. WESTERN REGION OFFICE: 2900 BIDDLE ROAD ,IMMFORD, OREGON 97504 (541) 776-7530 FAX(541)842-2873 MOUNTAIN STATES OFFICE: 1500 E. KEARNS, SUITE E-303 PARK CITY, UTAH (435) 649-5906 CASCADE CHARTER COMPANY. LEC BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES Appraisal Property Inventory _ Approximate Property. Identification Acres Use 1 Strawberry Lane Homesite with surplus woodland 39-1 E-08DB, 200 27.25 resource land 39-1 E-087 600 18.54 Total 45.79 2 Timberlake Drive Homesite (Westerly Parcel) 39-1 E-25, 1103 8.08 3 Timberlake Drive Homesite (Easterly Parcel) 39-1 E-25, 1104 10.12 If any of the extraordinary assumptions as stated herein are ultimately found to be false, the value opinions as specified in this report could be affected. Based upon the studies and examinations made, the opinions are formed, subject to the limiting conditions and assumptions stated herein, that the "as is" retrospective market values of the fee simple interest in the subject properties based upon economic and market conditions as existing on April 11, 2015 are as follows: Property Value Summary Approximate Property Identification Acres Market Value 1 Strawberry Lane 39-1 E-08DB, 200 27.25 39-1 E-08, 600 18.54 Total 45.79 $320,000 2 Timberlake Drive (Westerly Parcel) _ 39-1 E-25, 1103 8.08 $90,000 3 Timberlake Drive (Easterly Parcel) 39-1 E-25, 1104 10.12 $95,000 -ii- BROWN, CHUDLE/GH, SCHULER, MYERS, AND ASSOCIATES The following is an appraisal report containing the property description, market data, and value analyses which form the primary of the value conclusions stated herein. Respectfully submitted, BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES ~ '--7 e~~ L GREGORY S. SCHULER Oregon State Certified Appraiser License No. C000268 Expiration Date: May 31, 2017 DEAN A. MYERS Oregon State Certified Appraiser License No. 0000363 Expiration Date: March 31, 2017 - iii - TABLE OF CONTENTS Page Letter of Transmittal i Purpose of Appraisal 1 ClienUIntended Use/Users of the Appraisal 1 Date of Value 1 Date of Inspection 1 Property Rights Appraised Definitions 2 Scope of Appraisal 4 Property Ownership and History 6 Exposure and Marketing Time 7 Location Analysis 9 Highest and Best Use 16 Assessed Valuation and Taxes 17 Market Data 18 Property No. 1 - Strawberry Lane 25 Property No. 2 Timberlake Drive (Tax Lot 1103) 39 Property No. 3 - Timberlake Drive (Tax Lot 1104) 49 Assumptions and Limiting Conditions 59 Certification 62 Qualifications BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES PURPOSE OF APPRAISAL The purpose of this appraisal report is to set forth our opinions relative to the "as is" retrospective market values of the fee simple interest in the subject properties. CLIENVINTENDED USEMSERS OF THE APPRAISAL The client for this appraisal assignment is Bruce Harshman. It is our understanding that the intended use of this appraisal is for estate tax reporting purposes. The intended users of this appraisal report are authorized representatives of Bruce Harshman. No other purpose, use, or users of this appraisal are authorized or intended. DATE OF VALUE The opinions of retrospective market values expressed in this appraisal report are stated effective as of April 11, 2015 assuming economic and market conditions as existing on that date. DATE OF INSPECTION The subject properties were physical inspected on several occasions between August 31, 2015 and September 25, 2015. PROPERTY RIGHTS APPRAISED The property rights appraised herein pertain to the fee simple interest in the properties which represents the subject of this appraisal. BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES DEFINITIONS Fee Simple Interest Fee simple interest, in valuation terms, is defined as "absolute ownership unencumbered by any other interest or estate, subject only the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat." Source: The Dictionary of Real Estate Appraisal, 5th Edition, Appraisal Institute, 2010. Retrospective Value Opinion "A value opinion effective as of a specified historical date. The term does not define a type of value. Instead, it defines a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax appeals, damage models, lease renegotiations, deficiency judgments, estate tax, and condemnation. Inclusion of the type of value with this term is appropriate, e.g., "retrospective market value opinion." Source: The Dictionary of Real Estate, 5th Edition, Appraisal Institute, 2010. Extraordinary Assumption "An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis." Source: The Dictionary of Real Estate Appraisal, 5th Edition, Appraisal Institute, 2010 and USPAP, 2014-2015 Edition. _2_ BROWN, CHUDLE10H, SCHULER, MYERS, AND ASSOCIATES Market Value "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus, Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated, 2. Both parties are well informed or well advised, and acting in what they consider their best interests, 3. A reasonable time is allowed for exposure in the open market; 4. Payment is made in terms of cash in United States dollars - or in terms of financial arrangements comparable thereto; and, 5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Source: 12 C.F.R. Part 34.43(g); 55 Federal Register 34696, August 24, 1990, as amended at b f kederai Register -f ZZU1, April 5, 1992; 39 imudural ReyiSlvr 29499, June 7, 1994. USPAP 2014-2015 Advisory Opinion 22, Lines 58- 70. -3- BROWN, CHUDLEIGH, SCHULER, MYERS, ,auto ASSOCIATES SCOPE OF APPRAISAL The scope of this appraisal has the primary function of researching pertinent information and developing opinions relative to the retrospective values of the subject properties included in the portfolio. The primary valuation of the subject in this analysis is performed through the utilization of the sales comparison approach which is traditionally regarded as the most representative valuation method to be adopted in the appraisal of land parcels similar to the subject. The scope of the process involved in the research, analysis, and presentation of the appraisal conclusions is inclusive of the following: 1. Discussions in order to accurately identify the nature and objective of the assignment; 2. A preliminary study is conducted in order to determine what information is required and the sources of the information; i.e., development consultants, title companies, real estate agencies, planning representatives, etc.; 3. General information relating to the subject region and - specific information relating to the immediate subject area and the properties themselves is then assembled; 4. An analysis of demographic and economic trends in the subject region is conducted; 5. Based on the information reviewed, determinations are made in regard to the highest and best use of the properties; 6. Information is assembled pertaining to market data for use in the various valuation approaches prepared for the subject properties. The sources of the market data primarily include the following: • Real estate database (SOMLS) • County records • Representatives of local real estate agencies + Real estate appraisers • Property managers and ownership representatives -4- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES 7. Unless stated otherwise, the market data presented are verified with a buyer, seller, agent, or other representatives knowledgeable of the transactions; 8. The subject properties as well as the market sales are reviewed with pertinent differences noted. In addition, the neighborhood boundaries of the subject are defined and the land use characteristics of the market area identified; 9. Summary information pertaining to market data is presented in this report. The usefulness and applicability + of the data collected are reviewed with comparisons applied where appropriate in relation to the subject properties; 10. The results of the valuation approaches utilized are thoroughly examined and a reconciliation or correlation of final values concluded; 11. An appraisal is presented with supporting information categorized and placed into the appraisal work file; 12. The competency of the appraisers in terms of providing reasonable and supportable conclusions of value is based upon experience in valuing properties having utility similar to the subject. This experience includes the appraisal of property types similar to the subject which are located within the local and regional market area which encompasses the subject community. -5- BROWN, CHUDLEIGH, SCHULER, MYERS AND ASSOCIATES PROPERTY OWNERSHIP AND HISTORY Fee title to subject properties is presently 50 percent vested with the Harshman Trust and 50 percent vested with Try--W Group Limited Partnership. To our knowledge, there have been no listings or market transfers of the properties within the three year period prior to the effective date of this appraisal. -6- BROWN, CHUDLFIGH, SCHUL ER, MYERS, AIvD ASSOCIATES EXPOSURE AND MARKETING TIME Exposure time may be defined as follows: "The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale of market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market." Marketing time may be defined as follows: "The reasonable marketing time is an opinion of the amount of time it might take to sell a real or personal property interest in at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal." Source: Uniform Standards of Professional Appraisal Practice (USPAP). It is noted that exposure time is presumed to precede the achievement of the market value conclusions as stated herein. The overall concept of reasonable exposure noted in the previous Definition of Market Value also assumes an adequate, sufficient, and reasonable effort in marketing. As an aid in determining a reasonable exposure time and marketing period for the subject property, reference is made to the following Situs RERC study of national marketing periods specified for traditional property types. -7-- BROWN, CHUOLEIGH, SCHULER, MYERS, A o ASSOCIATES Situs RERC Investment Survey Average Marketing Periods 1 st Qtr. 2015 Prior Quarter Year Ago Property Type (Months) (Months) (Months) Office - CBD 5.1 4.3 4.8 Office - Suburban 6.2 5.5 5.7 Industrial - Warehouse 5.3 4.4 5.2 Industrial - R & D 6.6 5.4 6.6 Industrial - Flex 6.9 5.5 6.6 Retail - Regional Mail 5.2 4.6 5.0 Retail Power Center 5.8 4.8 5.6 Retail - Neighborhood 5.4 4.3 5.2 Apartment 4.1 3.0 3.3 Hotel 5.7 4.5 5.2 All Property Types 5.6 4.6 5.3 Source: Situs RERC, First Quarter 2015. Based upon the nature of the subject property, and in consideration of the Situs RERC Investor Survey data reviewed, an appropriate exposure and marketing period for the subject land is estimated at 12 to 18 months. This estimate takes into consideration the non-metropolitan location of the market area, the status of the area economy and real estate market, and the particular characteristics of the property itself. In this instance, the estimated marketing and exposure periods are considered to be the same length of time for the subject. -8- BROWN, CHUDLEIGH, SCHULER, MFRS, AND ASSOCIATES LOCATION ANALYSIS The subject properties are located outside of the Ashland city limits in Jackson County, Oregon. Reference is made to the map presented below that depicts the location of the subject property relative to the surrounding region. Included in this location analysis are details regarding population, economy, and employment within Jackson County. mrt...E.. _ Raga: C- rye. - - _..w -..s. Ira.. _ Medford 7 ✓ OfPfP 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - t . K•.sGees. .ts:Gxl z~°. te.,erl Crt ' /v'.ra u,y 8roua srn. . - 0.13 c m ,r Cr:^m y.._ ± cars +5c} 0 6 12 18 24 36 Ashland and Jackson County The city of Ashland is located 14 miles north of the Oregon/California state line and 120 miles east of the Pacific Ocean. Ashland is the southernmost city in Jackson County and represents the arts and educational center of southern Oregon and northern -California. Ashland is situated in the foothills of the Siskiyou Mountains at the south end of a large river valley formed by the Rogue River and Bear Creek drainages. The Rogue Valley is surrounded on all sides by mountains including the Cascade and Siskiyou Ranges and the Umpqua Divide. Distances from Ashland to other notable cities are as follows: -9- BROWN, CHUOLEIGH, SCHULER, MYERS, AND ASSOCIATES Medford ...................................................15 miles northwest Grants Pass .............................................43 miles northwest Eugene ..........................................................180 miles north Portland ........................................................294 miles north Sacramento ...................................................292 miles south San Francisco ................................................387 miles south Population Population changes in Jackson County have fluctuated since 1990. From 1990 through 2013, the population of Jackson County increased by 40.92 percent, or approximately 1.78 percent each year. Reference is made to the following summary which details population for the larger cities within the county as well as the unincorporated areas. Historic Population Central Eagle Jackson Year Ashland Medford Point Point Unincorp. County Oregon 2013 20,295 75,920 171315 8,575 63,910 206,310 3,919,020 2012 20,325 75,545 17,275 8,550 62,725 204,630 3,883,735 2011 20,255 75,180 17,235 8,520 62,620 203,950 3,857,625 _ 2010 20,095 74,980 17,185 8,470 62,530 203,340 3,837,625 2009 20,996 77,246 16,556 8,790 61,630 207,010 3,823,465 2008 20,946 76,850 16,387 8,730 60,470 205,305 3,791,075 2007 21,062 75,675 16,308 8,190 58,980 202,310 3,745,455 2006 20,974 73,960 16,054 8,003 58,330 198,615 3,690,505 2005 20,730 70,855 15,571 7,496 59,950 194,515 3,628,700 2000 19,522 63,720 12,493 4,797 63,220 182,200 3,436,750 1990 16,252 47,021 7,512 3,022 59,831 146,400 2,842,321 Source: Population Research Center, Portland State University and U.S. Census Bureau A significant factor influencing population growth in the area is the strong amenity value and livability of the Rogue Valley. During the last two decades, many retirees, semi-retirees, and working people have moved to the Rogue Valley _10_ BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES from more densely populated and congested areas due in large part to quality of life considerations. Education The Ashland public school district operates five schools in the area. Approximately 3,000 students attend three elementary, one middle, and one high school. The elementary schools provide an education from kindergarten to fifth grade. Ashland Middle School consists of grades six through eight, with Ashland High School providing educational services for students in grades nine through twelve. Southern Oregon University is a regional, multi-purpose institution which was founded in 1869. The main campus is located in Ashland, with a branch campus in Medford. The University has a quarterly on-campus enrollment of approximately 5,500 undergraduate and graduate students. The University offers 35 bachelor and nine graduate degree programs in the Schools of Arts and Letters, Business, Science, Social Science, Education, and Health and Physical Education. - Cultural Activities Located within the downtown plaza area of Ashland is the Oregon Shakespeare Festival (OSF). The Festival was founded in 1935 and is among the oldest and largest professional regional theater companies located in the United States. OSF is known worldwide for the quality of its productions and won a Tony award for outstanding achievement in regional theater and has also been named in Time Magazine as one of America's top five regional theaters. Attendance reaches over 360,000 annually. Overall, OSF contributes over $113 million annually to the local economy. Approximately 88 percent of the festival audience reportedly travels over 125 miles to attend the performances. Also located in the downtown area is the Oregon Cabaret Theater (OCT). The Cabaret is housed in an historic Baptist church, and has become a major part of the Ashland cultural scene over the past 18 seasons. Since it opened in 1986, OCT has attracted almost a quarter of a million patrons to the intimate 140- seat theater. The Cabaret now draws regular customers from California and -11 - BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES throughout the Pacific Northwest, as well as patrons from as far away as England and Japan. Other notable cultural activities in the area include the Rogue Valley Symphony, which offers performances in Ashland as well as many other venues throughout the Rogue Valley. Economy Jackson County's economic base has historically been tied to five major industries: lumber and wood products, trade and service, government, tourism, and agriculture. Over the past decade, the economy has diversified away from lumber and wood products and grown significantly in terms of retail trade. Lumber and Wood Products The lumber and wood products industry has declined as an employment sector over the previous 20 years within Jackson County. Environmental issues, including survival of the Spotted Owl, opposition to cutting of - old-growth timber, controversy concerning the appropriate level of sustainable yield from public lands, and expansion of wilderness areas all limited log supply. Previous timber-cutting practices, particularly by private companies, and continued log exports have further reduced supply. Lumber and wood products jobs have decreased due to scarce log supplies. As a result, several major wood products employers have reduced production or permanently closed their operations over the past two decades. Agriculture Agriculture remains an important component of the Jackson County economy. Major fruit packers in the Medford area include Harry and David, Reter Fruit Company, and Naumes of Oregon, Inc. The seasonal nature of agricultural employment has a direct impact in regard to fluctuations in Jackson County unemployment figures. The past expansion of residential development has also affected the local agricultural economy. Many old established orchards in the county have been removed in favor of future residential development. Continuing worldwide competition for the local fruit growers has also emerged. Another important agricultural component of Jackson County is the wine industry. The moderate mountain valley climate in the area allows for a wide BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES variety of intensely flavored wine grapes to be cultivated. The quality of the region's grapes provides an advantage for many of the local growers in making their own wines as well as finding regional wineries which will purchase the grapes. Many of the fruit orchards are being converted into vineyards because of the popularity of wines in the region. For example, Hillcrest Orchards, one of Jackson County's oldest pear producers, has replaced 80 acres of pear trees with vineyards. The shift from pears to grapes is a matter of pears being less profitable with wine grapes having greater demand. Employment The following table details employment figures for the Medford MSA by category for November 2014 with comparisons to the prior year. Medford MSA Nonfarm Payroll and Employment Nov. 2014 Nov. 2013 Change Total NonFarm 817290 79,030 21260 Total Private 69,650 67,400 2,250 Mining & Logging 410 430 -20 Construction 3,410 3,250 160 Manufacturing 7,470 7,170 300 Trade, Trans. & Utilities 20,120 19,460 660 Information 1,340 1,480 -140 Financial Activities 3,640 3,640 0 Professional Services 7,140 6,380 760 Educational/Health Services 141190 13,880 310 Leisure & Hospitality 9,370 9,180 190 Government 11,640 11,630 10 Source: Oregon Employment Department, January 2015. - Employment Trends From November 2013 to November 2014, the majority of the sectors reported increases in employment in Jackson County. Only the information and -13- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES mining and logging sectors reported a loss with the financial activities sector reporting _ no change in employment. Unemployment _ As of November 2014, the unemployment rate in Jackson County was 7.8 percent reflecting a decrease from the November 2013 rate of 8.2 percent. Over the one year period, the total number of employed persons increased from 90,322 to 91,197. The following table summarizes civilian labor force statistics for Jackson County. Jackson County Employment/Unemployment Nov. 2014 Nov. 2013 Change Civilian Labor Force 98,951 98,429 522 Total Employment 91,197 90,322 875 Total Unemployment 7,754 8,107 -353 Unemployment Rate 7.8% 8.2% Source: Oregon Employment Department, January 2015. The data appear to indicate a move toward more stable employment. However, sustained job creation and employment placement over an extended time frame will be required before economic stabilization is realized. Tourism, education, light industry, and retail commerce provide the major employment in the city of Ashland. Southern Oregon University (SOU) is an important resource for the community, and is Ashland's largest single employer. The University comprises nearly 25 percent of the total population of the city and generates an approximate $71 million impact on the Ashland community annually. Tourism is Oregon's third most important industry behind timber and agriculture, and is Ashland's second most prominent industry. Tourism in Ashland accounts for approximately 50 percent of the workforce, and is largely generated by the Oregon Shakespearean Festival Association (OSFA). Tourism has had a stabilizing influence on the Ashland economy, which sets it apart from other Oregon timber towns. -14 BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES Conclusions The subject property is located within the city of Ashland, the most southern community within Jackson County, Oregon. The demographics of the _ visitors who come to Ashland are similar to those exhibited in large market destinations. Although the Shakespeare Festival attracts the majority of tourists to the area, the city also provides numerous other cultural events, business and educational opportunities, and shopping conveniences. Ashland's location adjacent to Interstate 5, in addition to its proximity to the Rogue Valley International-Medford Airport, affords this market access which is more favorable than usual for a community of this size. Additionally, a gradual diversification of the area economy has lessened the dependence upon volatile industries such as the lumber and wood products industry. The availability of cultural, recreational, educational opportunities at Southern Oregon University, and the favorable municipal attitude toward economic growth should also continue to attract new business to the area. This economic expansion ultimately translates into increased demand for real estate with subsequent increases in property values over the long-term. -'15- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIA TES HIGHEST AND BEST USE Included in each of the individual property sections is a statement of our opinion of highest and best use as vacant and as improved where appropriate. Highest and best use may be defined as the reasonably probable and legal use of vacant land or an improved property which is physically possible, legally permissible, financially feasible, and results in the highest value. The four criteria examined in determining the highest and best use of the subject property include the following: 1. Physically Possible - A use for which the site is physically suitable or adaptable. 2. Legally Permissible - A use which is or will be permitted under existing or reasonably obtainable zoning regulations. 3. Financially Feasible - A use for which there is an economic, social, and/or market demand. 4. Maximally Productive - A use which is compatible with the nature and condition of surrounding land uses. In each case, the criteria is considered in our highest and best use conclusion for each of the subject properties as presented in the individual property sections of this report. _16_ BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES ASSESSED VALUATION AND TAXES As a result of Oregon Ballot Measures 47 and 50 which limit taxable values and property taxes, real estate taxes in Oregon beginning in 1998 are based on a percentage of the real market value. The ballot measures also limit future tax increases to a maximum level of three percent per year. Included in each of the individual property sections is a summary of the real market value, the actual assessed value, and real property taxes for the subject for the 2014/2015 tax year based upon Jackson County assessment data. -17- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES MARKET DATA In order to provide support for the investment parameters and market value conclusions established for the various subject properties, market information is assembled and reviewed. Consistent with the various property types comprising _ the subject portfolio, the market data compiled pertains to the following: • Resource land sales • Homesite sales Presented on the following pages are the market data utilized in formulating our conclusions relative to the market values of the subject properties. Further discussion is provided pertaining to the most appropriate market information utilized in the individual property valuation sections presented later in this report. - 'I 8 - BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES Resource Land Sales BROWN, CHUDLSIGH, SCHULER, MYERS AN,9 ASSOCIATES Resource Land Sales Summary Sale Sale Sale Price No. Identification Acres Zoning Date Total /Acre 1 Table Rock Rd. 22.55 EFU 7/15 $65,000 $2,882 35-2W-34, 300 _ Jackson County (Central Point) Source: SOMLS No. 2956626 Verification: Deed No. 2015-26379 2 Keno Access Rd. 40.00 FR 10/14 90,000 2,250 38-3E-13, 2300 Jackson County (Ashland) Source: SOMLS No. 2940525 Verification: Deed No. 2014-28078 3 Conde Creek Rd. 160 FR 4/14 155,000 969 Jackson County (Ashland) 38-3E, 1500 Source: SOMLS No. 2940018 Verification: Listing Broker 4 Dead Indian Memorial Rd. 40.51 FR 2/13 110,000 2,715 38-4E, 300 100,0000) 2,4680) Jackson County (Ashland) Adj. Adj. Source: SOMLS No. 2927902 Verification: Deed No. 2013-5844 - 5 Goat Ranch Rd. 64.23 CS, FG, 6/12 85000 1,323 41-1 E-01, 700 RT Jackson County (Ashland) Source: SOMLS No. 2929162 Verification: Deed No. 2012-17182 6 Dead Indian Memorial Rd. 80 FR 2/12 90,000 1,125 - Jackson County (Ashland) 38-3E-22, 4700 Source: SOMLS No. 2928060 Verification: Deed No. 2012-2873 Average $1,836 (')Adjustment for existing cabin on property. No homesite has been approved and the cabin does not qualify as a placeholder. -20- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES Homesite Sales Data _21_ BROWN, CHUDLEIGH, SCHUL ER, MYERS, AND ASSOCIATES Homesite Sales Summary Strawberry Lane Sale Sale Sale No. Identification Zoning Acres Date Price 1 1099 Dead Indian Memorial Rd. RR-5 9.87 11/14 $170,000{1 39-1 E-12, 337 Jackson County (Ashland) Source: SOMLS No. 2939825 Verification: Deed No. 2014-31409 2 3174 W Griffin Creek Rd. 4SR 10.17 5/14 165,000 38-2W-10, 202 _ Jackson County (Medford) Source: SOMLS No. 2941382 Verification: Deed No. 2014-10747 3 2248 Lupine RR-10 10.00 3114 521,000 39-1 E-23, 1401 Jackson County (Ashland) Source: SOMLS No. 2947958 Verification: Deed No. 2014-7399 4 W. Valley View Rd. EFU 10.00 7/13 215,000(2) Jackson County (Ashland) 38-1 E-30, 2003 Source: SOMLS No. 2932881 Verification: Broker 5 65 Prather St. RR-5 5.02 7/12 260,000 39-1 E-05, 1501 Jackson County (Ashland) Source: SOMLS No. 2922240 Verification: Deed No. 2012-22172 6 500 Emigrant Creek Rd. RR-5 5.00 11 /11 330,000(3) 39-1 E-12, 1200 Jackson County (Ashland) Source: SOMLS No. 2922240 Verification: Owner Average $278,883 (')Sale includes the drilling of a well and 5.10 acres can be irrigated- (2)Sale includes a five gallon per minute well and septic system. (3)Purchased for land value according to the neighbor. Buyer has plans to demolish the improvements and rebuild a new home. -22- BROWN, CHUDLEIGH, SCHULER, MYERS, AlvD ASSOCIATES Property 1 Strawberry Lane Location Property 1 Southerly side of Strawberry Lane near the terminus of Hitt Road _ 39-1 E-08, 600 and 39-1 E-08DB, 200 Ashland, Jackson County, Oregon Land Area The subject is comprised of two tax lots which form an irregular shape totaling 45.79 acres or 1,994,612 square feet. The following plat and aerial maps provide a graphic depiction of the property. V , SEE MAPS 39 lE 8AC 500 3 t2.05fAt. j , 39 1E 8BD 1 ~ .rst.xl_ j 137 V4-1W MA bwMtto®f 1700 j 9.81 AC. 600 18.54 AC. t sz rrt T Ali 19 Mt .0m) - :7ESIULCI y 14 SEE MAP j CS-10852 j CS-10724 ` M1 ` j 39 1E 8DB j j t 60331 rGtQ ..o..t 77j 2 Elk -26- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES 5 f { 1..f1 X., -'A . k 1I- . \1 %i 1i n UH 1 I'-, 1 r _ ! 1 t 1`~ 11'JI I I r ( '1 j j 5-1 I 1 i t f 1 1 I / I v C, E" _ tr )i)1 e < t. l~lJ; i -27- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES Topography Moderate to-steeply sloping topography. Utilities According to the city of Ashland planning department staff, water, sewer, and electrical services could be provided by the city of Ashland to an approved residential development on Tax Lot 200. Since we have concluded the highest and best use of Tax Lot 600 to be assembled with Tax Lot 200, no further investigation was made into the potential for utilities on this portion of the property. Soil No formal soils report or site assessment study was provided for our review. This appraisal is subject to the extraordinary assumption that the soil is of sufficient load-bearing capacity to support residential improvements. No adverse environmental hazards or contaminants pertaining to solids, liquids, or gases were observed at the property during our personal examination. This appraisal is based upon the extraordinary assumption which assumes no toxic waste, groundwater contamination, or environmental problems exist at the property. In the event such problems did exist, the ultimate impact of such conditions could adversely influence the opinion of market value as stated herein. The identification of the absence or existence of any potential environmental problems is best determined by qualified engineers and is not considered to be within the scope of this appraisal assignment. Zoning Tax Lot 600 is located west of the city limits of Ashland within the Woodland Resource (WR) district as administered by Jackson County. The purpose of the Woodland Resource zoning district is to conserve forest lands. A primary residence is an allowed use pending an administrative review. Tax Lot 200 is located within the Woodland Residential (WR) district with a Performance Standard (P) overlay as administered by the city of Ashland_ The purpose of the WR district is to support residential development while conserving woodland resource land. A primary residence is a permitted use within this zone. -28- BROWN, CHUDLE/GH, SCHULER, MYERS, AND ASSOCIATES The P overlay allows for smaller lots than permitted in the WR zone to accomplish a higher density. Under the Performance Standards Options, lots are clustered, leaving the remainder of the property vacant in order to accomplish the purpose of the underlying zone, protecting the steep and forested areas within the city. In the case of the subject, although additional units could be developed on the property, the slope constraint prohibiting new homesites to be established on lands with 35 percent or greater slope and requirement for immediate ingress and egress from a public road would further constrain the number of additional lots at the subject. J- Easements and Encroachments No preliminary title report was provided for our review. However, upon personal inspection of the subject property, no adverse easements or encroachments were apparent, This appraisal is subject to an extraordinary _ assumption that no adverse easements or encroachments exist at the property. The identification of easements or encroachments is best determined by qualified individuals and is not considered to be within the scope of this appraisal assignment _ Assessed Valuation and Taxes (201412015) Real Market Assessed Map Tax Lot Value Value Taxes 39-1E-0-8- 600 $274,280 $103,660 $1,176.49 - 39-1 E-08DB 200 5,381,150 139550 2.137.15 Total $5,655.430 243 21~ $.313164 Highest and Best Use Tax Lot No. 200 Physically Possible The subject tax lot totals 27.25 acres and is generally irregular in shape with slopes of greater than 27 percent. Based upon the specific factors considered, the conclusion is formulated that homesite development at the subject is physically possible limited by the property's slope and immediate access from a public road which could impact the utility of the overall property relative to additional subdivision or development. Legally Permissible _ The subject property is presently zoned Woodland Residential (WR) with Performance Standards Options (P) overlay, as administered by the city of Ashland. The P overlay allows for smaller lots than permitted in the WR zone to accomplish a higher density. Under the Performance Standards Options, -29- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES lots would be clustered, leaving the remainder of the property vacant in order to accomplish the purpose of the underlying zone, protecting the steep and forested areas within the city. The development of one homesite per tax lot is a legally permitted use under the woodland resource zoning designation. New homesites may only be developed on building sites exhibiting no more than a 35 percent slope. Topographic maps indicate that a portion of the property near the southernmost part of the existing roadway may meet this criteria. Further subdivision could be pursued under the Performance Standards Options (P) overlay however slope constraints would need to be met. Financially Feasible Financially feasible considerations generally require an evaluation of surrounding land uses and a determination as to the suitability of the property relative to the types of uses exhibiting the greatest demand for development in the immediate area. The subject property is located within a woodland section of Ashland along the _ hillside to the south of Strawberry Meadows and Falling Acorn Estates. A homesite in this area would likely provide for broad valley and mountain views. The majority of the area immediately surrounding the subject to the north and east is characteristic of good quality homes. Surrounding properties are presently zoned for residential or resource use similar to the subject. Considering this, it is our opinion that the highest and best use of this component of the subject is a homesite similar in size to properties in competing neighborhoods, with surplus resource land comprising the remainder of the tax lot. Maximally Productive The maximally productive use of the property primarily involves considerations similar to those discussed previously for financially feasible uses. Based upon the legally permissible land use and the nature of existing land uses within the immediate area, we conclude that homesite development of a portion of Tax Lot 200, with the remainder as surplus resource land represents the maximally productive use of the site. Conclusion - As Vacant Based upon the highest and best use criteria examined relative to the subject, the opinion is formed that the development of one homesite located where - additional clustered homesites could be developed in the future, represents the highest and best use of the subject as if vacant. - Tax Lot No. 600 Physically Possible The subject tax lot is rectangular in shape with slopes of greater than 33 percent. Based upon the specific factors considered, the conclusion is -30- BROWN, CHUDLEIGH, SCHULER, MYERS. AND ASSOCIATES formulated that homesite development at the subject may not be physically possible given the steep slopes evidenced in our review of topographic maps of the property. Legally Permissible The subject property is presently zoned Woodland Resource (WR) as administered by Jackson County. The development of one homesite per tax lot is a conditional use pending administrative review under this zoning designation. According to the owner, and supported by our research, no legal access is provided to this property. Until such time as legal access is provided to the property, the highest and best legal use of the property is as assemblage with an adjacent property or as resource land. Financially Feasible Financially feasible considerations generally require an evaluation of surrounding land uses and a determination as to the suitability of the property _ relative to the types of uses exhibiting the greatest demand for development in the immediate area. The subject property is located within a woodland section of Ashland along the hillside to the south of Strawberry Meadows and Falling Acorn Estates. A homesite in this area would likely provide for broad valley and mountain views; however, considering the absence of legal access to the property, no homesite could be developed as of the retrospective date of value. Maximally Productive The maximally productive use of the property primarily involves considerations similar to those discussed previously for financially feasible uses. Further consideration of the productivity of the property would require a legal access to be developed. _ Conclusion - As Vacant Based upon the highest and best use criteria examined relative to the subject, the opinion is formed that the assembly with subject Tax Lot 200 to create plottage is the highest and best use of the property. - Interest Appraised Fee Simple. Land Value by Comparison The land sales comparison approach is the most common method utilized to determine land value for properties similar to the subject. When valuing homesites this method generally expresses land value on the basis of price per homesite relative to the purchase price for residential land similar in utility to the subject. Due to our concluded highest and best use of the two tax lots -31- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES relative to their valuation, it is necessary to make comparisons of the land sales representative of resource lands on a price per acre basis, so as to - facilitate a blended rate when considering the resource land characteristics of Tax Lot 200 and those of Tax Lot 600. In order to derive an opinion of retrospective market value of the subject, a survey is conducted to identify sales of homesite properties as well as resource land located within the market area. Reference is made to the homesite sales chart for Strawberry Lane and the resource land sales chart presented previously in this report. Tax Lot 200 is located in a residential area along the westerly boundary of the city limits of Ashland and represents 27.25 acres. Of this, an eight acre portion to the south of Hitt Road in an area that is calculated to be comprised of slopes less than 30 percent is allocated to a residential homesite and is valued accordingly. The remaining 19.25 acres of this tax lot is generally considered to be high value resource land due to its potential for further clustered residential development under the Performance Standard Overlay_ Sales of view homesites range from $165,000 to $521,000 per homesite with an average of $276,883, and an average homesite size of 8.35 acres as indicated in the following qualitative analysis summary. Qualitative Analysis Summary Sale Sale No. Identification Price Indicator 2 3174 W Griffin Creek Rd. 165,000 Low - 1 1099 Dead Indian Memorial Rd. 170,000 Low 4 W. Valley View Rd. 2157000 Medium 5 65 Prather St. 260,000 Medium 6 500 Emigrant Creek Rd. 330,000 High 3 2248 Lupine 521,000 High The most representative homesite sale relative to the subject's location is Sale - No. 5. Sale Nos. 1, 2, and 4 are inferior locations when considering the subject's proximity to downtown Ashland. Sale Nos. 3 and 6 have superior locations when compared to the subject. Considering the proximity of the subject to downtown Ashland and the neighborhood of good quality homes, we conclude an achievable price for the subject homesite near the high of the medium indicators at $250,000. -32- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES When valuing resource land, it is most common to compare sales on a per acre basis. The resource land sales had range of $969 to $2,882 per acre with an average of $1,836 per acre, as indicated in the following qualitative analysis summary. Qualitative Analysis Summary Sale Sale Price No. Identification /Acre Indicator - 3 Conde Creek Rd. $969 Low 6 Dead Indian Memorial Rd. 1,125 Low - 5 Goat Ranch Rd. 1,323 Medium 2 Keno Access Rd. 2,250 High 4 Dead Indian Memorial Rd. 2,468 High 1 Table Rock Rd. 2,882 High Considering the development potential of the subject's WR/P zoned property, it is our opinion that the property would be priced at a higher price per acre _ than typical resource land which exhibits significant barriers to development. Sale Nos. 2 and 4 are the closest in proximity of the high indicators. Our opinion of market pricing for the WR/P zoned resource land at the subject is near the average of these two sales at $2,400 per acre. Considering the absence of legal access and the steep slope of the Woodland Resource zoned land for subject Tax Lot 600, it is our opinion that the property would be priced at the low end of the range representative of lands with significant barriers to development. Considering this, we conclude an achievable price for subject Tax Lot 600 to be between $969 and $1,125 per acre or say $1,050 per acre. Our value calculations are as follows: Tax Lot 200 Eight Acre Homesite $250,000 Surplus Resource Land (WR/P zone) 19.25 Acres @ $2,400/Acre 46,200 Tax Lot 600 - Resource Land (WR zone) 18.54 Acres @ $1,050/Acre 19,476 - Total Value of Homesite and Resource Land $31-5-6-67 Rounded to, 32 0 -33- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES - Subject Photographs -34- BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES f { fi~ 7~- j • Irk II 4~~ f 4 - b tY' .4 `c 4 , a s 4iYS ] >1~ 91 k%_ WA 1 y v M Hitt Road access with the subject property located ahead and to the left - ~ 6 Y Southeasterly valley view from near the proposed homesite -35•- BRDWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES hl'M gol AN, xe 10ez r H~ r 4*1 a tt ;ra - u - Hitt Road near the transition from paved to unpaved z 1 ~ x F f >Y h z P , db, View of the proposed homesite -36- BROWN, CHUDLEIGH, SCHULER, MYERS, At o ASSOCIATES ` Vic,}yaM `i ttQ i~1ayK..`5-l~ y}x?Y T a c P~ •R y F 5 - View of the proposed homesite V , d kF ~ rits t i. - - ~ySr r, ~f f r R 4 a r« _ View from the road near the proposed homesite toward the northeast -37- STAR P. IERTIES 1AU LATVALA BROKER/OVINIR MARKET ANALYSIS Prepared for: Bruce Harshman for the property located at Hitt Road 391 E08 tax lot 600 and 391 E08DB tax lot 200 Ashland OR 97520 Performed By Jack Latvala, Principal Broker P.Q. BOX 442 - 88 LAPREE STREET - TALENT, OR 97540 , 541.535.9999 jacklatvolo@gmail.com - www.sterpropertiesrealestate.com STAR P E RTIES 0 y ra~i~Qr~JACK LATVALA BROKER/OG!/NER Tuesday, March 29, 2016 Bruce Harshman Try- W Group Hi Bruce Again, thank you for allowing me to meet with you and to prepare the attached market analysis for the Hitt Road property. This is a tough property to value. I do believe that the private fee appraisal that you had completed was very well done and that they did the best that they could to try and determine the current value. The unknown for this property is the P overlay with the City of Ashland. There is certainly value associated with this possibility. The biggest issue will be developing the property. I talked to several brokers and developers who are familiar with the area and zoning. These are challenging parcels. Again, I think the the appraiser did their homework on this one also. There was a 17 acre parcel at the top of Morton Street that was interfaced with the City of Ashland and could have possibly in theory had several 1/2 acre lots. When the figures that it would take to develop came to light, it turned out to be one rural homesite. There is always the possibility of someone coming along that wants to take on such a development, but I think that they are few and far between. Because of those issues, I am going to put a value slightly higher than what the appraiser came up with. I am figuring that the highest and best use of the property as it currently sits is to have two homesites , one on each parcel on the Hitt Road property. Please let me know if you have any questions or if I can be of any service. S' erely,. i J ck Latvala Pr ncipal Broker / Owner 'L.• P.O. BOX 442 88 LAPREE STREET TALENT, OR 0540 541.535.9999 jocklatvala@gmail.com - www.starpropertiesrealestate.com STAR P C =ERTIES OF JACK LATVALA BMER/OWNER OPINION OF VALUE The final sales price suggested is a result of this market analysis is based on my professional estimate of the price range that is appropriate to sell the subject property for. The value of any given property is not determined by the listing price, but rather by what buyers are willing to pay, and what sellers are willing to accept. The goal of this analysis is to assist you with the factual material as well as my knowledge of the market, to set a price that I feel the home would sell for. Accepting less than the suggested listed price is a decision only you can make, but it has to be made from a position of knowledge. Based on a careful analysis of recent sales in the area, a physical observation of the property and improvements, plus a working knowledge of the market. Listing price-$425,000 Final sales price-$385,000-$410,000 final sale price will be determined by negotiations between the seller and buyer and may 'nc ude Sher concessions J c atvala, Principal Broker #860500128 date this i not a fee appraisal and should not be used by the owner of the property in lieu of a fee appraisal. This ompetitive MarketAnalysis does not meet the Uniform Stands or Professional Appraisal Practice PAP) standards for appraisals, and should be used as a guideline for determining a listing price when marketing the property. if an appraisal is desired, the services of a competent appraisal professional should be obtained. P.O. BOX 442 - 88 LAPREE STREET - TALENT,, OR 97540 - 541.535.9999 iacklotvala@gmail. (am - www.starpropertiesfeolestate.com S ubject Property Details for account number 1-006084-2 3/28/16, 2:23 PM Account Sequence Map TL Sequence Assessment Year 2016 13 Print Window Close Window Assessment Info for Account 1-006084-2 Map 391 E08DB Taxlot 200 Report For Assessment Purposes Only Created March 28, 2016 _ Account Info Tax Year 20_15_ Info Land Info Account 1-006084-2 Tax Code 5-01 _ Map - - - [~ay Taxes Online 391 E08DB 200 Acreage 27.25 Taxlot Zoning Owner TRY-W GROUP LIMITED PARTNER Tax Report W_R _ HARSHMAN FAMILY TRUST _ Tax Land Class HARSHMAN GEORGE A TRUSTEE Statement UNK 27.25 Ac HARSHMAN PATSY A TRUSTEE Tax _ Property Situs Address History Class 100 --___re H STRAWBERRY LN ASHLAND R _ Tax Code 5-01 Stat Class 000 w HARSHMAN GEORGE A TRUSTEE ET AL TRI W GROUP _ Unit ID 197697-1 LIMITED PARTNERSHIP Tax Type Due Amount _ Date Maintenance 2 Mailing Address 100 SE CRYSTAL LAKE DR Advalorem 1111555 $2,208.76 Area Tax Rate 15.8277 Neighborhood 000 CORVALLIS OR, 97333 District Study Area 08 Appraiser 32 Rates q Account ACTIVE District Status Amounts Tax Status Assessable Tax Rate "°LL = Sub Type NORMAL Sheet _ Sales Data (AS 400) Value Summary Detail ( For Assessment Year 2016 - Subject To Change } E Market Value Summary ( For Assessment Year 2016 - Subject To Change) Code Area Type Acreage RMV M5 _MAV AV 5-01 LAND 27.25 $ 5,381,150 $ 5,381,150 $ 143,730 $ 143,730 Value History Total: $ 5,381,150 $ 5,381,150 $ 143,730 $ 143,730 Improvements Images /Plans Image type Item Number Image Files RESIDENTIAL 1 1 EAccount Comments 09111/96: used sch 21 due to access, location, topo,zoning,and lack of city utilities.<<< 8-3-05 CORRECTED THE 2004 TREND TABLES THAT WERE INCORRECT FOR THE PERIOD 2-05 THROUGH 8-05 PER #23 1123107 CHANGED THE VIEW RATING TO BE WITHIN THE GUIDELINES FOR THE SA, NO EXCEPTION OR TRC #23>>> 11/19109: Changed SA from Rural 21 to City 08 #148>>> Exemptions / Special Assessments / Notations / Potential Liability Location Map http://web.jacksoncounty.org/pdo/Ora_asmt_details.cfm?account=10060842&bTextOnly=False Page 1 of 2 Details for account number 1-006084-2 3/28/16, 2:23 PM yet 1 ~ , ~ ~ 'as ay JACKSON COINTY 4 A aet t Y Close Window Print Window http://web.jacksoncounty.org/pdo/Ora_asmt_detaiIs.cfm?account=10060842&bTextOnIy=False Page 2 of 2 APPLICATION TYPE: JACKSON UGBA (Urban Growth Boundary Amendment) COUNTY Oregon Case Status : Final Approval Decision : Approved APPLICATION NO: 82-7-[-GBA MASTER NO: 82-7-tiGBA PROJECT NO: 82-7-UGBA ZONING: RECEIVED DATE: 01/01/1982 PROCESS: Type 4 ISSUED DATE; SITE ADDRESS: GRANITE. ST EXPIRATION DATE: PRIMARY PARCEL NUMBER: 39-1 E-17-400 FINALED DATE: ASSOCIATED LOTS: 39-1E-08DB-200 ASSOCIATED LOTS: 39-1E-08DC-100 ASSOCIATED LOTS: 39-1E-08DC-400 ASSOCIATED LOTS: 39-IE-16BC-200 ASSOCIATED LOTS: 39-1E-16BD-300 ASSOCIATED LOTS: 39-1 E-1 7AB-100 ASSOCIATED LOTS: 39-IE-17AB-102 People Associated With This Case Case Description Primary Applicant (URBAN GROWTH BOUNDRY AMENDMENT) DATE OF ASHLAND CITY OF APPLICATION IS APPROXIMATE CASE NOTES: Date Updated Updated By Notes 06/04/2003 LOAD MUST SEE FILE FOR CORRECT DECISION PARCEL TAGS: Parcel No. Description Updated Updated By 39-1E-16BC-200 FLOODPLAIN 09/29/2013 SYS This parcel or a portion of this parcel is in the mapped floodplain. A Floodplain Development Permit may be required. 39-1E-17-400 FLOODPLAIN 09/29/2013 SYS This parcel or a portion of this parcel is in the mapped floodplain. A Floodplain Development Permit may be required. ACTIVITY DETAILS: Description Date I Date 2 Date 3 Done By Disposition Date Activitv Added Appeal Deadline Tentative Dec. Date Staff Approval & Notice 01/01/1982 01/13/1982 01/01/1982 Target/Critical Date Initl Decn Deadline Decision Deadlines 04/14/1982 05/28/1982 . V-.,"y .i~ Ccu...1~ ."a- (30-Day) Completeness Review 01/29/1982 C:AWindows\T-ENIP\Case Summa, {E54CA4A6-2B9F-46B8-988F-0913EDA8389C}.rpt Details for account number 1-010118-0 http://webjacksoncounty.org/pdo/Ora-asmt-details.cfm?accou... Account Sequence Map TL Sequence Assessment Year 2016 Print Window Close'Window Assessment Info for Account 1-010118-0 Map 391 E08 Taxlot 600 Report For Assessment Purposes Only Created March 28, 2016 Account Info Tax Year 2015 Info Land Info Account 1-010118-0 Pay'Taxes Online -s { Tax Code 5-11 Map 391E08600 Acreage 118.54 Taxlot - Tax Report Zonin Owner TRY-W GROUP LIMITED PARTNER ° - WFZ HARSHMAN FAMILY TRUST Tax Statement Land Class - HARSHMAN GEORGE A TRUSTEE Tax History RT 18.54 Ac HARSHMAN PATSY A TRUSTEE BS 0.00 Ac -s--~ - - - _ - Tax Code 5-11 Situs Address Property Class 400 STRAWBERRY LN ASHLAND/COUNTY R_ Tax Type Date Amount Stat Class 000 _ r- 1HARSHMAN GEORGE A TRUSTEE ET AL TRI W GROUP LIMITED ~ Advatorem 111115115 M L0.36 Unit ID 197342-1~ ! Rat Maintenance PARTNERSHIP I Tax e 11.4207 2 Mailing Address 100 SE CRYSTAL LAKE DR - - Area District Rates 1 Neighborhood 000 CORVALLIS OR, 97333 District ____I ; Study Area 1211 Appraiser 32 _ g Amounts Account Status Eacnve Tax Rate Sheet -Y~ Tax Status f Assessable Sub Type NORMAL Sales Data (AS 400) + Value Summary Detail ( For Assessment Year 2016 - Subject To Change) Market Value Summary (For Assessment Year 2016 - Subject To Change ! ~A ~ -Code Area Type Acreage RMV M5 MAV AV 5-11 LAND 18.54 $ 274,280 $ 274,280 $ 106,760 $ 106,760 Value History Total: j$ 274,280 $ 274,280 $ 106,760 $ 106,760 Improvements Images !Plans Image type Item Image Number Files RESIDENTIAL _ 1 1 I ` i-!Account Comments 09/02196: VERY STEEP AREA PER #32.<<< 8-3-05 CORRECTED THE 2004 TREND TABLES THAT WERE INCORRECT FOR THE PERIOD 2-05 THROUGH 8-05 PER #23 Exemptions / Special Assessments I Notations / Potential Liability Real Property Special Assessments Tax Year Applied Code _Description Amount Acres 2016 40 FIRE PATROL TIMBER $36.48 18.54 Notations Description , Tax Amount Year Added Value Amount CARTOGRAPHIC ACTIVITY 2009 STATE FIRE PROTECTION 2006 Location Map ..rte, I ~I .C, ~ ~~✓;_~ni^ti ~'#~'ae,. B / F 97 alw$:.. ~ r~~._~~_~__ ____._..__s_ d 4 T~ JACKSON CotmTY A_ Close Window ` Print Window 1 of 1 3/28/16, 12:21 PM Jackson County Official Records 2007-015313 R"0 0312812007 09:27:44 AM Cnt--1 Stn=4 SHAWBJ This is a no fee document NO FEE 0925 03 200700153130160160 I, Kethieen S_ Beckett, County cierk ror Jackson County, Oregon, certify that the Instrument identified herein was recorded in the Clerk records. Kathleen S. Beckett - County Clerk Vol. Pg. After Recording Return To: Jackson County Board of Commissioners 10 S. Oakdale, Room 200 Medford, Oregon 97501 BEFORE THE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON, COUNTY OF JACKSON IN THE MATTER OF DECIDING THE CLAIM FILED UNDER BALLOT MEASURE 37 BY ORDER No. GEORGE HARSHMAN AND VIRGINIA WILT, TRI-W GROUP LP ) VVHEREAS, Ballot Measure 37 amended Chapter 197 of the Oregon Revised Statutes by initiative vote of the People of Oregon at the November 2, 2004, general election; and WHEREAS, George Harshrnan and Virginia Wilt, Tri-W Group LP, filed a claim under Measure 37 with Jackson County on November 29,2006; and WHEREAS, George Harshman and Virginia Wilt's, Tri-W Group LP, Measure 37 claim concerns certain real property located west of Hitt Road off Strawberry Lane, just outside the City of Ashland, Oregon, Township 39 South, Range I East, Section 8, Tax Lot 600, and further described in that certain deed recorded as O.R. 98- 59884 in the real property records of Jackson County (the "Property"); and WHEREAS, with respect to the ownership interest in the Property, the Board of Commissioners further finds that Continental Construction Co., Inc., conveyed to 1" National Bank of Oregon, Trustee, and George Harshman, by Deed, the Property on May 3, 1979, which was recorded in the real property records of Jackson County as O.R. 79-09394; and WHEREAS, with respect to the ownership interest in the Property, the Board of Commissioners further finds that I` National Bank of Oregon, Trustee, conveyed to Virginia Wilt, by Deed, an undivided 50 percent interest in the Property on October 25, 1990, which was recorded in the real property records of Jackson County as O.R. 90-27676; and Order - 1 M37 2006-00206 l~z1- 67 Volume Page WHEREAS, with respect to the ownership interest in the Property, the Board of Commissioners further finds that Virginia Wilt, conveyed to Tri-W Group Limited Partnership, an Oregon limited partnership, by Deed, an undivided 50 percent interest in the Property on December 21, 1998, which was recorded in the real property records of Jackson County as O.R.98-59884 (this transfer was not a change in ownership); and WHEREAS, the Property is located within the City of Ashland Urban Fringe and Area of Mutual Planning Concern, but outside of all urban growth boundaries; and WHEREAS, the County Administrator has investigated the claim, and has forwarded to the Board of Commissioners a recommendation, a copy of which is attached hereto as Exhibit A that the Board of Commissioners: (1) declare the claim to be valid with respect to George Harshman and Virginia Wilt, Tri-W Group LP, and (2) further recommends that the Board of Commissioners not apply the land use regulations to allow George Harshman and Virginia Wilt, Tri-W Group LP, to use the Property for a use permitted at the time they acquired the Property, which was May 3, 1979, for George Harshman, and October 25, 1990, for Virginia Wilt, Tri-W Group LP; and WHEREAS, the Board of Commissioners adopts the findings contained in Exhibit A as its own findings; and WHEREAS, the Board of Commissioners finds with respect to the Property that: (1) the Property was zoned Open Space Reserve (OSR-20) at the time that it was acquired by George Harshman and Woodland Resource (WR) at the time that it was acquired by Virginia Wilt, Tri-W Group LP, (2) the WR zoning placed on the Property subsequent to its acquisition by George Harshman and Virginia Wilt, Tri-W Group LP, severely restricts the uses that may permissibly be made of the Property, and (3) the severe restrictions imposed by zoning the Property have the effect of reducing the fair market value of the Property; and WHEREAS, the financial condition of Jackson County constrains the county's ability to pay compensation to satisfy George Harshman and Virginia Wilt's, Tri-W Group LP, Measure 37 claim; and WHEREAS, after careful consideration of George Harshman and Virginia Wilt's, Tri-W Group LP, claim, and competing policy considerations that are implicated by George Harshman and Virginia Wilt's, Tri-W Group LP, claim, the Board of Commissioners believes that the interests of Jackson County are best served by modifying, removing or not applying the land use regulations which reduce the fair market value of the Property other than those land use regulations specified in Subsection 3 of Measure 37 that were adopted by Jackson County subsequent to the dates of acquisition of the Property by George Harshman and Virginia Wilt, Tri-W Group LP, which were May 3, 1979, for George Harshman and October 2.5, 1990, for Virginia Wilt, Tri-W Group LP; and WHEREAS, the Board of Commissioners wishes to advise George Harshman and Virginia Wilt, Tri-W Group LP, their heirs, legal representatives, assigns, lessees, and all other interested persons, that the Property is situated on or near forest or farm land, and as such may be subjected to common, customary, and accepted forest or farm practices which ordinarily and necessarily produce truck and heavy machinery traffic and noise, dust, smoke, and other types of visual, odor and noise pollution, and that they may be prohibited from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS 30.936 or 30.937; and VTREREAS, the Board of Commissioners recognizes that the transferability of the decision contained in this Order to subsequent owners of the Property under Measure 37 is an issue that has not been resolved, but that Order - 2 M37 2006-00206 J/ n -7 Volume Page the Oregon Department of Justice, in a letter of advice dated February 24, 2005, and addressed to Lane Shetterly of the Department of Land Conservation and Development (a copy of which is attached hereto as Exhibit B), has advised the following: [W]hen a public entity finds that there is a valid claim for compensation under Measure 37, but elects to provide relief by "not applying" the law, that relief is personal to the cur-refit owner of the real poperty..if the current owner conveys the property before the new use allowed by the public entio) is established, then the entitlement to relief will be lost. We also consider the result where the public entity elects to "modify or remove" the law that was the basis for a valid claim. In general, where the law being modified or removed is a law that the public entity would otherwise be required to have in place (as a result of some other law or legal requirement), we believe that Measure 37 authorizes the public entity to modify or remove the law only to the extent required to provide relief to a current owner with a valid claim under the measure. This ineans that even where a public entity provides relief by modifying or repealing a law. in cases inhere the public entity is otherwise legally required to have that laiv in place, it 711ay do so only so as to provide relief to the current owner. (Emphasis added); and WHEREAS, the Board of Commissioners desires to advise George Harshman and Virginia Wilt, Tri-W Group LP, any subsequent owners of the Property, and all other interested persons that Jackson County expresses no opinion with regard to whether the decision in this Order may be transferred to subsequent owners of the Property, and that subsequent owners of the Property assume all risks that the decision in this Order is nontransferable; and WHEREAS, the Board of Commissioners recognizes that a Measure 37 claim may also need to be filed with the State of Oregon for land use regulations adopted by the State of Oregon before a use may be made of the Property that was permitted at the time the Property was acquired, and that the Oregon Department of Land Conservation and Development ("DLCD" in a letter dated May 2, 2005, and addressed to "Local Government Partner[s]" (a copy of which is attached hereto as Exhibit Q, has indicated that with regard to Measure 37 claims based upon property acquisition dates that fall between the adoption of the statewide land use planning goals and the acknowledgment by the Land Conservation and Development Commission of the local comprehensive plan, the following is the position of DLCD: "[U]ntil the local land use regulations were acknowledged by the [Land Conservation and Development] Commission, the use of the subect property was subject to both the local ordinances and the applicable statewide land use planning goals and their implementing rules (as well as any applicable state statutes). That being the case, we want to ensure that local governinents do not unintentionally purport to authorize a particular use of property that (even under Measure 37) is still subject to state laws that were in effect at the time an owner acquired the property." (Italics in original); and WHEREAS, in an e-mail message from Mr. Shetterly to Mike Benedict of Hood River County, Mr. Shetterly referenced his May 2, 2005, letter, and further advised that "withregard to claims that involve a date of acquisition that falls between the adoption of the goals and the acknowledgment of the local comprehensive plan, any `waiver,' and any use of the property based on the waiver, will be governed by both the goals and the local ordinances. From what I have seen, most counties are dealing with these claims by advising the claimant that Order - 3 M37 2006-00206 3 14 zl-iV Volume _ Page the claim is subject to applicable state laws as well, and encouraging the owner(s) to file a state claim"; and WHEREAS, the Board of Commissioners desires to advise George Harshman and Virginia Wilt, Tri-W Group LP, any subsequent owners of the Property, and all other interested persons that although Jackson County expresses no opinion in this Order with regard to the need to file a claim with the State of Oregon, the proper procedure for filing a claim with the State of Oregon, or the appropriateness of any decision rendered by the State of Oregon, George Harshman and Virginia Wilt, Tri-W Group LP, and subsequent owners of the Property are encouraged to consider filing a Measure 37 claim with the State of Oregon, since they are assuming all risks of proceeding with land division, land use or development of the Property without first obtaining relief from the State of Oregon pursuant to Measure 37; and WHEREAS, the Board of Commissioners recognizes that a legal challenge to the constitutionality of Measure 37 may be asserted in the federal courts and that the relief provided by this Order may be null and void, and any land division, land use or development of the Property authorized by tlris Order may be unlawful; and WHEREAS, the Board of Commissioners encourages George Harshman and Virginia Wilt, Tri-W Group LP, subsequent owners of the Property, and all other interested persons, to consult with independent legal counsel with respect to the Measure 37 claim filed by George Harshman and Virginia Wilt, Tri-W Group LP, this Order, and the issues and uncertainty surrounding the Measure 37 claims process; and WIUREAS, the Board of Commissioners desires to advise George Harshman and Virginia Wilt, Tri-W Group LP, any subsequent owners of the Property, and all other interested persons, of the nature of the decision contained in this Order, and therefore wishes that this Order be recorded in the real property records of Jackson County maintained by the County Clerk. NOW, THEREFORE, the Board of County Commissioners of Jackson County, Oregon, hereby ORDERS : 1. The claim under Measure 37 is declared to be Valid. 2. In order to allow George Harshman and Virginia Wilt, Tri-W Group LP, to use the Property for a use permitted at the times of acquisition of the Property (i.e., May 3, 1979, for George Harshman; and October 25, 1990, for Virginia Wilt, Tri-W Group LP), the standards and criteria within the Jackson County 2004 Land Development Ordinance (LDO) and Comprehensive Plan (JCCP) Elements applicable to this property shall not be applied, except for the following: a. Wildfire safety requirements in Section 8.7 of the LDO; b. Emergency vehicle access standards in Section 9.5.4 of the LDO; C. Natural Hazards Element of the JCCP; and d. Transportation System Plan (TSP) Section 4.3.1 D in the Transportation Element of the JCCP. Order - 4 M37 2006--00206 16 V,,O 7 Volume Page 3. The Board of Commissioners finds that the land use regulations that will be applied as identified in this. Order regulate activities that are commonly and historically recognized as a public nuisance, protect the public health and safety, and are required to comply with federal law. 4. All land use regulations specifically identified in this Order as being applied; shall continue to apply in full force and effect. This Order does not cure any code violation or any other violation of current law, unless the application of such current law was specifically waived in this Order. Jackson County does not promise Claimant(s) that Claimant(s) will eventually be able to put the property to any particular use. 5. Prior to initiating any land use application or development activity on the Property, George Harshman and Virginia Wilt, Tri-W Group LP, are encouraged to consult with Jackson County Development Services to ensure that all land use regulations that continue to apply to the property can be satisfied; failure to satisfy land use regulations that continue to apply may result in Jackson County initiating code enforcement or other legal action. 6. The decision contained in this Order shall be transferable to subsequent owners of the Property to the maximum extent permitted by Measure 37, if any. 7. This Order shall be recorded in the real property records maintained by the Jackson County Clerk, and the County Clerk shall record this Order without payment of recording fees. DATED this 28fi day of March, 2007, at Medford, Oregon. JACKSON COUNTY BOARD OF MMISSIONERS Dennis C.W. Smith, Chair STATE OF OREGON ) ) ss County of Jackson ) This instrument was acknowledged before me this 28' day of March, 2007, by Dennis C.W. Smith as the Chair of the Jackson County Board of Commissioners. f Mj] -Y Al OMITCHELL Not Public 64 Oregon COMy omnussion Expires: MY COMMISSI1 0 I.W371Narshman, M37 2006-00206Tushmmn BO.%Vd Order - 5 M37 2005-00206 COMPARABLE SALES 3/29/16, 5:23 PM Client Detail with Addl Pics Report Property Type Lots & Land Include Property Subtype Vacant Land Areas Ashland, Gold Hill North, Gold Hill South, Jacksonville Area, Sams Valley, Southwest Medford, Talent,Phoenix Statuses Pending, Sold (10/1/2013 or after) Lot Size 10 ac to 30 ac Zoning *WR,FR* Listin s as of 03129/16 at 5:23 pm Sold 09104/14 Listing # 2938822 W Griffin Creek Rd Medford, OR 97501 Map Listing Price: $175,000 Coun :Jackson Cross St: Giffin Creek Property Type Lots & Land Property Subtype Vacant Land Area Southwest Medford Price/Acre $8.076.36 Tax Acct N 10983597 Lot Sq Ft (approx) 889931 ((Seller)) TRS 38 2W 5 Lot Acres (approx) 20.4300 DOM/CDOM 8/8 See Virtual Tour iYB Y _ .fir ` .'JkY z ~9,- 5 e f - 1 I e Ft ~F VI II II ~ 1 ~ '-J ' ~~i I~ III ~ rl N yY s nl . 1. ~ it YV 11 T 4~r`x i' III } F ' Y 71 rl .At r' r - a http://somis.rapmis.com/scripts/mgrgispi.dll Page 1 of 14 3/29/16, 5:23 PM n §,a u MEL*, A- ~A 5 `I I i, M _2. y 4, ~ III Dill is I }I I i~' . . ~ I rI II III j Directions South on Columbus, right on South Stage Rd., Left on Griffin Creek Rd, Right on West Griffin Creek Rd, look for address 5544 Griffin Creek Rd, shared driveway when drive splits go to the right. Follow JLS signs. Marketing Remark 20.43 acres, approx. 5 minutes just outside of Jacksonville in the west hills overlooking valley & city lights. Paved road to property, many trees, walking trails, meadow area with springs on property. With privacy to build your dream home--custom home next to this property. Buyer needs to apply for homesite area on property and get approval through the county. Selling Price $165,000 Selling Date 09/04/14 Pending Date 06/07/13 SP % LP 94.29 - Home & Lot Pkg Only No Agency Represent Yes Zoning WR Sale Approval Normal Irrgated No Flood N/A Government Sides No Secluded Yes Elementary School JA Griffin Creek Middle School JA McLoughlin Property Nature Homesite Home/Build Site None, Not Applied For Sewer None Septic None Household Water Avlb None, See Remarks Street Easement Lot Description Slope - Moderate, Wooded - Partially, Site Description Raw Acreage Marketable Timber Easements Well, Utilities Fence Partial View Valley Presented By: Jack E Latvala Star Properties Lic: 860500128 Office Lic.: 911100169 Primary: 541-301-5999 88 Lapree Street Secondary: 541-535-9999 Talent, OR 97540 http://somis.rapmis.com/scripts/mgrgispi.dll Page 2 of 14 3/29/16, 5:23 PM Other: 541-535-9999 Fax : 541-535-7078 E-mail: jacklatvala@gmail.com See our listings online: March 2016 Web Page, http://www.starpropertiesrealestate.com http://www.starpropertiesrealestate.com All information herein has not been verified and is not guaranteed. Copyright ©2016 Rapattoni Corporation. All rights reserved. U.S. Patent 6,910,045 http://somis.rapmis.com/scripts/mgrgispi.dil Page 3 of 14 3/29116, 5:23 PM Client Detail with Addl Pics Report Property Type Lots & Land Include Property Subtype Vacant Land Areas Ashland, Gold Hill North, Gold Hill South, Jacksonville Area, Sams Valley, Southwest Medford, Talent,Phoenix Statuses Pending, Sold (10/112013 or after) Lot Size 10 ac to 30 ac Zoning *WR,FR* Listings as of 03/29116 at 5:23 pm Sold 01/03/14 Listing # 2942100 6708 Dodge White City, OR 97503 Map Listing Price: $195,000 Coun : Jackson Cross St: Meadows Property Type Lots & Land Property Subtype Vacant Land Area Sams Valley Price/Acre $6,507.59 Tax Acct N 10154415 Lot Sq Ft (approx) 1204870 ((Assessor)) TRS 35 2w 16 Lot Acres (approx) 27.6600 DOM/CDOM 561217 dd i 3u ~a a t . III I http://somis.rapmis.com/scripts/mgrgispi.dil Page 4 of 14 3/29/16, 5:23 PM rt a i y Directions Hwy 234 to Meadows to Dodge Rd. Turn west to property on right. Marketing Remark Incredible views of table rocks & valley. Nice style ranch set up, has a concrete pad, 2 wells per owner, gentle sloping land type, power on property, septic & much more. Selling Price $180,000 Selling Date 01/03/14 Pending Date 11/29/13 SP%LP92.31 Home & Lot Pkg Only No Agency Represent Yes Zoning WR Sale Approval Normal Irrgated No Flood N/A Government Sides No Secluded Remote Elementary School JA Sams Valley High School JA Crater Property Nature Homesite Home/Build Site Approved # Septic Installed Household Water Avlb Well Utilities Available See Remarks Street Easement Lot Description Wooded - Partially, Pasture, Rolling Site Description Improved, See Remarks Easements Utilities Water Pond Pond Type Seasonal Fence Partial Improvements Barn View Territorial, Valley, Mountains Presented By: Jack E Latvala Star Properties Lic: 860500128 Office Lic.: 911100169 Primary: 541-301-5999 88 Lapree Street Secondary- 541-535-9999 Talent, OR 97540 Other: 541-535-9999 Fax: 541-535-7078 E-mail: jacklatvala@gmail.com See our listings online: March 2016 Web Page: http://www.St2rpropertiesrealestate.com hftp://www.starpropertiesreaIestate.com All information herein has not been verified and is not guaranteed. Copyright 02016 Rapattoni Corporation. All rights reserved. U.S. Patent 6,910,045 http://somis.rapmis.com/scripts/mgrgispi.dil Page 5 of 14 3/29/16, 5:23 PM Client Detail with Addl Pics Report Property Type Lots & Land Include Property Subtype Vacant Land Areas Ashland, Gold Hill North, Gold Hill South, Jacksonville Area, Sams Valley, Southwest Medford, Talent,Phoenix Statuses Pending, Sold (10/1/2013 or after) Lot Size 10 ac to 30 ac Zoning *WR,FR* Listin s as of 03/29116 at 5:23 em Sold 11/18113 Listing # 2929011 7334 Griffin Ln Jacksonville, OR 97530 Map Listing Price: $199,900 Coun : Jackson Cross St: Sterling Creek Property Type Lots & Land Property Subtype Vacant Land Area Jacksonville Area ` Price/Acre $15,699.10 Tax Acct N 10985173 Lot Sq Ft (approx) 532739 ((Assessor)) TRS 38 2W 33 Lot Acres (approx) 12.2300 DOM/CDOM 599/599 7w 13. I I r. I !1i' II a ~4 ~ ~l r l r r Directions Sterling Creek, left on Griffin Lane, watch for signs. Marketing Remark Beautifully improved building parcel with southerly exposure and underground utilities. Sand filter septic system installed and Seller guarantees 5 gallons per minute on the well that was drilled. Roughed in driveway, two building pads. One for the home and the second one for a barn or shop. Lots of nice trees, and upscale area of high end rural homes. Selling Price $192,000 Selling Date 11/18/13 Pending Date 11/11/13 SP % LP 96.05 Home & Lot Pkg Only No Agency Represent Yes Zoning WR Sale Approval Normal Irrgated No Assessments No Government Sides Yes Secluded Yes Sign Yes Elementary School JA Ruch Middle School JA McLoughlin High School JA South Medford Property Nature Homesite Home/Build Site Approved Septic Installed Utilities Available Electricity, Telephone Street Public Access, Unpaved Lot Description Slope - Moderate, Slope - Steep, Wooded - Partially Site Description Improved View Territorial, Mountains Presented By: Jack E Latvala Star Properties Lic: 860500128 Office Lic.: 911100169 Primary: 541-301-5999 88 Lapree Street Secondary: 541-535-9999 Talent, OR 97540 Other: 541-535-9999 Fax - 541-535-7078 E-mail: jacklatvala@gmail.com See our listings online: March 2016 Web Page: http://www.starpropertiesrealestate.com http://www.starpropertiesrealestate.com http://somis.rapm[s.com/scripts/mgrqispi.dll Page 6 of 14 3/29116, 5:23 PM All information herein has not been verified and is not guaranteed. L=j Copyright ©2016 Rapattoni Corporation. All rights reserved. ' U.S. Patent 6,910,045 http://somis.rapmis.com/scripts/mgrgispi.dil Page 7 of 14 3/29/16, 5:23 PM Client Detail with Addl Pics Report Property Type Lots & Land Include Property Subtype Vacant Land Areas Ashland, Gold Hill North, Gold Hill South, Jacksonville Area, Sams Valley, Southwest Medford, Talent,Phoenix Statuses Pending, Sold (10/1/2013 or after) Lot Size 10 ac to 30 ac Zoning *WR,FR* Listin s as of 03/29/16 at 5:23 pm Sold 02120115 Listing # 2946554 Broken Arrow Dr Jacksonville, OR 97530 Map Listing Price: $275,000 Count : Jackson Cross St: Wagon Trail Property Type Lots & Land Property Subtype Vacant Land Area Jacksonville Area Price/Acre $7,000.00 Tax Acct N 10504901 Lot Sq Ft (approx) 1306800 ((Assessor)) i TRS 38 1W2 Lot Acres (approx) 30.0000 DOM/CDOM 276/276 - - - 1b I ~ I hl"I s `I Directions Hwy. 238 through Jacksonville, Turn on Wagon Trail then to Broken Arrow on the left, Please use map or ask listing agent for directions. Marketing Remark Secluded thirty acre parcel in the West Foothills of Historic Jacksonville, Oregon. Seller has No knowledge of this property and has never lived upon, Buyer to do own Due Diligence with City-County and appropriate governing agency's. There is an old home on the property, Please do not enter as it is a tear-down. Nice piece of land with great views but very secluded. Selling Price $210,000 Selling Date 02/20/15 Pending Date 02/02/15 SP%LP76.36 Home & Lot Pkg Only No Agency Represent Yes Subsection A Zoning WR Sale Approval Normal Irrgated No Assessments No Flood N/A Government Sides Yes Secluded Yes Elementary School JA Jacksonville Middle School JA McLoughlin High School JA South Medford Property Nature See Remarks Home/Build Site See Remarks Sewer See Remarks Septic See Remarks Household Water Avlb See Remarks Street Unpaved Lot Description Slope - Moderate, Wooded - Partially, Pasture, Marketable Timber, Rolling Easements See Remarks Irrigation Source See Remarks Soil Type See Remarks Water See Remarks Conditions See Remarks Rail Road Not Available Fence See Remarks Improvements See Remarks View Valley, Mountains Presented By: Jack E Latvala Star Properties Lic: 860500128 Office Lic,: 911100169 http://somis.rapmis.com/scripts/mgrqispi.dll Page 8 of 14 3/29/16, 5:23 PM Primary: 541-301-5999 88 Lapree Street Secondary: 541-535-9999 Talent, OR 97540 Other: 541-535-9999 Fax : 541-535-7078 E-mail: jackiatvala@gmail.com See our listings online: March 2016 Web Page: http://www.starpropertiesrealestate.com htt ://www.star ro ertiesreallestate.com All information herein has not been verified and is not guaranteed. Copyright 02016 Rapattoni Corporation. All rights reserved. `mm U.S. Patent 6,910,045 http://somis.rapmis.com/scripts/mgrqispi.dll Page 9 of 14 3/29/16, 5:23 PM Client Detail with Addl Pics Report Property Type Lots & Land Include Property Subtype Vacant Land Areas Ashland, Gold Hill North, Gold Hill South, Jacksonville Area, Sams Valley, Southwest Medford, Talent,Phoenix Statuses Pending, Sold (10/1/2013 or after) Lot Size 10 ac to 30 ac Zoning *WR,FR* Listin s as of 03/29/16 at 5:23 pm Sold 11/21/14 Listing # 2950206 137 Strawberry Hill Ln Jacksonville, OR 97530 Map Listing Price: $225,000 Coun :Jackson Cross St: Jacksonville Reservo Property Type Lots & Land Property Subtype Vacant Land Area Jacksonville Area Price/Acre $9,919.70 Tax Acct N 10498539 Lot Sq Ft (approx) 922165 ((Assessor)) TRS 37 2W 30 Lot Acres (approx) 21.1700 DOM/CDOM 33/33 aI Directions Hwy 238 to Maryann-Reservoir road to Strawberry lane. Property is on the left going up lane- Look for sign. Marketing Remark Nice homesite with great views of the valley. Well is in and is around 15GPM. Septic is in. Remote surroundings in a distinctive neighborhood of very nice homes.Just about 1 mile from city of Jacksonville. Selling Price $210,000 Selling Date 11/21/14 Pending Date 10/08/14 SP % LP 93.33 Home & Lot Pkg Only No Agency Represent Yes Zoning WR Sale Approval Normal Irrgated No Assessments No Flood N/A Secluded Part Subdivision/Developm Strawberry Estates Sign Yes Elementary School JA Jacksonville Middle School JA McLoughlin High School JA South Medford Property Nature Homesite Home/Build Site Approved, See Remarks Septic Installed Household Water Avlb Well Utilities Available Electricity Utility Location To Property Line Street Paved Lot Description Slope - Moderate, Rolling Site Description Partially Improved, See Remarks Soil Type Mixed Rail Road Not Available Fence Partial Improvements Shed View Valley, Mountains Presented By: Jack E Latvala Star Properties Lic: 860500128 Office Lic.: 911100169 Primary: 541-301-5999 88 Lapree Street Secondary: 541-535-9999 Talent, OR 97540 Other: 541-535-9999 Fax: 541-535-7078 http://somis.rapmis.com/scripts/mgrqispi,dll Page 10 of 14 3/29/16, 5:23 PM E-mail: jacklatvala@gmail.com See our listings online: March 2016 Web Page. http://www.starpropertiesrealestate.com http://www.starpropertiesrealestate.com All information herein has not been verified and is not guaranteed. Copyright ©2016 Rapattoni Corporation. All rights reserved. U.S. Patent 6,910,045 http://somis.rapmis.com/scripts/mgrgispi.dil Page 11 of 14 3/29/16, 5:23 PM Client Detail with Addl Pics Report Property Type Lots & Land Include Property Subtype Vacant Land Areas Ashland, Gold Hill North, Gold Hill South, Jacksonville Area, Sams Valley, Southwest Medford, Talent, Phoenix Statuses Pending, Sold (10/1/2013 or after) Lot Size 10 ac to 30 ac Zoning *WR,FR* Listings as of 03/29/16 at 5:23 pm Sold 10131/14 Listing # 2950760 Talent Ave Talent, OR 97540 Map Listing Price: $250,000 Coun : Jackson Cross St: H 99 Property Type Lots & Land Property Subtype Vacant Land Area Talent Price/Acre $15,614.83 Tax Acct N 10037613 Lot Sq Ft (approx) 669517 ((Assessor)) TRS 38 1W 36 Lot Acres (approx) 15.3700 DOM/CDOM 8/8 Directions Off Talent Avenue near 1918 Talent Avenue. Marketing Remark Beautiful close-in view acreage between Ashland and Talent. 15.37 acres is partly level and partly wooded, ideal for a nice country home, great for animals, farming or your rural dream property. Measure 49 home site approval, septic approval, some TID irrigation, good access and beautiful sunshine location. Selling Price $240,000 Selling Date 10/31/14 Pending Date 10/08/14 SP%LP96.00 Home & Lot Pkg Only No Agency Represent Yes Zoning WR Sale Approval Normal Irrgated Yes Irrigated Acres 5.40 Assessments No Flood N/A Government Sides No Secluded No Sign Yes Elementary School JA Talent Middle School JA Talent High School JA Phoenix Property Nature Homesite Home/Build Site Approved Sewer None Septic Approved Household Water Avlb None Utilities Available Electricity Utility Location To Property Line Street Unpaved, Private access Lot Description Level, Rolling Site Description Raw Acreage Easements Access Irrigation Source District District Type Talent. Soil Type Mixed Conditions See Remarks Rail Road See Remarks Fence Partial View Valley, Mountains Presented By: Jack E Latvala Star Properties Lic: 860500128 Office Lic.: 911100169 Primary: 541-301-5999 88 Lapree Street Secondary: 541-535-9999 Talent, OR 97540 Other: 541-535-9999 Fax : 541-535-7078 E-mail: jacklatvala@gmail.com See our listings online: March 2016 Web Page: htt://www.star ro ertiesreal estate. com http://www.starpropertiesrealestate.com All information herein has not been verified and is not guaranteed. Copyright @2016 Rapattoni Corporation. All rights reserved. U.S. Patent 6,910,045 http://somis.rapmis.com/scripts/mgrgispi.dll Page 12 of 14 3129/16, 5:23 PM Client Detail with Addl Pics Report Property Type Lots & Land Include Property Subtype Vacant Land Areas Ashland, Gold Hill North, Gold Hill South, Jacksonville Area, Sams Valley, Southwest Medford, Talent,Phoenix Statuses Pending, Sold (10/1/2013 or after) Lot Size 10 ac to 30 ac Zoning *WR,FR" Listin s as of 03129/16 at 5:23 pm Sold 11/08/13 Listing # 2929063 7119 Griffin Ln Jacksonville, OR 97530 Map Listing Price: $299,000 Coun :Jackson Cross St: Sterling Creek Property Type Lots & Land Property Subtype Vacant Land Area Jacksonville Area Price/Acre $13,500.00 Tax Acct N 10977987 Lot Sq Ft (approx) 871200 ((Assessor)) TRS 38 2W 27 Lot Acres (approx) 20.0000 DOM/CDOM 574/778 - - - Directions Go out Sterling Creek, turn left on Griffin Lane, watch on the right for a paved road that takes off to the right at Sky Ranch, follow paved road to sign on right Marketing Remark One of the most Premium building spots up in the meadow where the head waters of Sterling Creek originates. Beautiful paved access and ready to build on. Seller is drilling a new well and installing a new septic system. Property is fenced, has underground utilities and driveway. Area of high end rural homes and horse ranches. Great riding trails on BLM all the way to Mt. Ashland. Great ground for horse ranch. Neighbor captured the water coming across his property and created cascading pools into a pond. Picturesque, private, Selling Price $270,000 Selling Date 11/08/13 Pending Date 11/01/13 SP % LP 90.30 Home & Lot Pkg Only No Agency Represent Yes Zoning WR Sale Approval Normal Irrgated No Assessments No Government Sides Yes Secluded Yes Sign Yes Elementary School JA Ruch Middle School JA McLoughlin High School JA South Medford Property Nature Homesite Home/Build Site Approved Septic See Remarks Household Water Avlb Well, See Remarks Utilities Available Electricity, Telephone Utility Location To Property Line Street Private access, Paved Lot Description Slope - Steep, Wooded - Partially, Level, Wooded - Heavily, Rolling Site Description Raw Acreage, Improved Water Creek Creek Type Seasonal Fence All View Territorial, Mountains Presented By: Jack E Latvala Star Properties Lic: 860500128 Office Lic.: 911100169 Primary: 541-301-5999 88 Lapree Street http://somis.rapmis.com/scripts/mgrgispi.dll Page 13 of 14 3/29116, 5:23 PM Secondary: 541-535-9999 Talent, OR 97540 Other: 541-535-9999 Fax : 541-535-7078 E-mail: jacklatvala@gmail.com See our listings online: March 2016 Web Page: hftp://www.starpropertiesrealestate.com http://www.starpropertiesrealestate.com All information herein has not been verified and is not guaranteed. Copyright 02016 Rapattoni Corporation. All rights reserved. U.S. Patent 6,910,045 http://somis.rapmis.com/scripts/mgrgispi.dll Page 14 of 14 2 z DocuSign Envelope ID: 2C84CF6B-C1 FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep f I OREF avwnvn 1>rzta rl I+e.,1 t:x,uz }',+rm;, 1.4" FINAL AGENCY ACKNOWLEDGMENT 1 Both Buyer and Seller acknowledge having received the Oregon Real Estate Agency Disclosure Pamphlet, and hereby acknowledge and consent 2 to the following agency relationships in this transaction: Eric Poole 3 __(Namc of Selling Licensee(s)*), Oregon Lic. # 200212183 4 of Full Circle Real Estate _ (Name of Real Estate Firm(s)*) Selling Firm Office Address 5 240 E Main St, Ashland, OR 97520-1831 Company Lic. # 200604291 6 Phone (541)482-6868 Fax X13482-6881 E-mail eapoolell{a~gmail.com 7 is/are the agent of (check one)_ ❑X Buyer exclusively ("Buyer Agency'). ❑ Both Buyer and Seller ("Disclosed Limited Agency'). 8 No Agency Representation (Name: of Listing Licensee(s)"), Oregon Lic. # _ 9 of No Agency Representation (Name of Real Estate Firm(s)') Listing Firm Office Address 10 , Company Lic. # 11 Phone Fax E-mail 12 is/are the agent of (check one): F] Seller exclusively ("Seller Agency,), ❑ Both Buyer and Seller ("Disclosed Limited Agency'). 13 *If Selling and/or Listing Licensees and/or Firms are co-selling or co-listing in this transaction, all Licensee and Firm names should be 14 disclosed above. For directions on how to look up license numbers. http•//%vww oregon qov/rea/does/License Lookup pdf 15 If both parties are each represented by one or more Licensees in the same Real Estate Firm, and Licensees are supervised by the same principal 16 broker in that Real Estate Firm, Buyer and Seller acknowledge that said principal broker shall become the disclosed limited agent for both Buyer 17 and Seller as more fully explained in the Disclosed Limited Agency Agreements that have been reviewed and signed by Buyer, Seller arid 18 Licensee(s). 19 Buyer shall sign this acknowledgment at the time of signing this Agreement before submission to Seller. Seller shall sign this acknowledgment at 20 the time this Agreement is first submitted to Seller, even if this Agreement will be rejected or a counter offer will be made. Seller's signature to this 21 Final Agency Acknowledgment shall not constitute acceptance of this Agreement or any terms therein. G /gyp PDT PucuSigned dy: 7/2/2016 I 12:08 PD 1 22 Buyer Print Cit roof Ashland Date _ J 23 Buye ~~f5gnea by: Print Date 24 7/15/2016 06:5 PDT Selle bvw), CI si e UL Print Harshman Family Trust Date _ 25 SelIe 46678F06175C4 7.. A.~ Print - Date 7/15/2016 08: W PDT VACANT~LAND REAL ESTATE SALE AGREEMENT 26 THIS AGREEMENT IS INTENDED TO BE A LEGAL AND BINDING CONTRACT. IF IT IS NOT UNDERSTOOD, SEEK COMPETENT LEGAL 27 ADVICE BEFORE SIGNING. FOR AN EXPLANATION OF THE PRINTED TERMS AND PROVISIONS IN THIS FORM REGARDING TIMING, 28 NOTICE, BINDING EFFECT, ETC., SELLER AND BUYER ARE ENCOURAGED TO CLOSELY REVIEW SECTION 24 (DEFINITIONS AND 29 INSTRUCTIONS SECTION). 30 1. PRICEIPROPERTY DESCRIPTION: Buyer (print name(s)) City of Ashland 31 32 offers to purchase from Seller (print name(s)) Harshman Family Trust _ 33 34 the following described real property (hereinafter "the Property") situated in the State of Oregon, County of Jackson 35 and commonly known or identified as (Insert street address, city, zip code, tax identification number, /ot/block description, etc.) 36 Map Taxlot 391 E08DB200 & 391 E08600, Ashland OR 97520 37 Map Taxlot 391 E08DB 200 Map Taxlot 391 E08 600 38 (Buyer and Seller agree that if it is not provided herein, a complete legal description as provided by the title insurance cornpany in accordance with 39 Section 7, below, shall, where necessary, be used for purposes of legal identification and conveyance of title.) 40 for the Purchase Price (in U,S. currency) of A $ 360,000.00 41 on the following terms: Earnest money herein receipted for B $ 5,000.00 42 on , as additional earnest money, the sum of C $ 43 at or before Closing, the balance of down payment 44 at Closing and upon delivery of - [X] DEED ❑ CONTRACT the balance of the Purchase Price E $ 355,000.00 45 shall be paid as agreed in Financing Section of the Agreement. (Lines 5. C, D and E should equal tine A) ps 7/15/2016 ( 08:00 Pa DS 7/2/2016 :08 PDT 7/15/2016 E 6:56 F IBuyer-Initial / Date Seller Initi Is Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreeme on ea Estate Forms, L.L.C. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 1 of 9 Full Circle Real Estate, 240 Y. llfain Street Ashland, OR 97520 Phone: (541)482-6868 Fax: (543)482-6881 Parks and Ree - Eric Poole Produced with ApForm® by ApLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 vnrrrr.zipl-g i~} x.conl n DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Sale Agreement 4 461416ep eW..arw cac:*wt+ 95 (8) Buyer shall promptly notify Seller or Seller's Licensee if, after signing this Agreement, Buyer substitutes another Lender for any reason. 96 Notwithstanding the preceding, Buyer shall not be permitted to select a Loan Program different than the one selected in Section 2B, without 97 Seder's advance written consent. 98 (9) Buyer agrees to keep Seller promptly informed of all other material non-confidential developments regarding Buyer's financing and the timing of 99 Closing. 100 4.1 INSURANCE: Buyer is encouraged to promptly verify the availability and cost of property/casualty/fire insurance that will be secured for the 101 property, Additionally, lenders may require proof of property/casualty/fire insurance as a condition of the loan. 102 4.2 FLOOD INSURANCE; ELEVATION CERTIFICATE: If the Property is located in a designated flood zone, flood insurance may be required 103 as a condition of a new loan. Buyer is encouraged to promptly verify the need, availability, and cost of flood insurance, if applicable. An Elevation 104 Certificate ("EC") is the document used by the federal National Flood Insurance Program ("NFIP") to determine the difference in elevation between 105 a home or building, and the base flood elevation ("BFE"), which is a computed elevation to which floodwater is anticipated to rise during certain 106 floods. The amount of the flood insurance premium for a particular property is based upon the EC. Not all properties in flood zones require an EC, 107 depending upon when they were constructed. ECs must be prepared and certified by a land surveyor, engineer, or architect who is authorized by 108 the local jurisdiction to certify elevation information. The costs and fees for an EC may range from a few hundred dollars to over a thousand. If the 109 Property requires an EC, it will need to be obtained prior to receiving a flood insurance quote. Additionally, lenders may require an EC as 110 a condition of loan approval. For more information, go to the following link: htt~:l/1Kww fema goylbase-flood-elevation 111 5. SELLER-CARRIED FINANCING (E.G. LAND SALE CONTRACTITRUST DEEDIMORTGAGEIOPTION AGREEMENTS, RENT-TO-OWN, 112 ETC.): Notice to Buyer and Seller: If this transaction involves a land sale contract, trust deed, mortgage, option, or lease-to-own agreement 113 (hereinafter a "Seder Carried "transaction"), Oregon law requires that, unless exempted, individuals offering or negotiating the terms must hold a 114 mortgage loan originator ("MLO") license. Your real estate licensee is not qualified to provide these services or to advise you in this regard. Legal 115 advice is strongly recommended. Oregon law exempts the following individuals from the MLO licensing law: (a) Those who offer or negotiate terms 116 of a residential mortgage loan with or on behalf of their spouse, child, sibling, parent, grandparent, grandchild or a relative in a similar relationship 117 created by law, marriage or adoption; (b) Those who sell their primary residence they currently or previously lived in; and (c) Individuals who sell up 118 to three (3) non-primary residences during any 12-month period. (Note: One may not hold more than eight residential mortgage loans at one time.) 119 If this is a Seller-Carried Transaction, and one or more of the preceding exemptions apply, Buyer and Seller should use the Seller-Carried 120 Addendum, OREF form No.033 and related forms. Caveat: Buyer and Seller are advised to secure competent legal advice while engaged "121 in a Seller-Carried Transaction 122 6. ADDITIONAL FINANCING PROVISIONS: 123 124 CONTINGENCIES R 125 7. TITLE INSURANCE: Upon signature and acceptance of this Agreement by Buyer and Seller, Seller will, at Seller's sole expense, promptly 126 order the Report and CC&Rs from an Oregon title insurance company and furnish them to Buyer. Unless otherwise provided herein, this 127 transaction is subject to Buyer's review and approval of a preliminary title report and the recorded covenants, conditions and restrictions ("the 128 Report and CC&Rs") showing the condition of title to the Property. (if not fully understood, Buyer should immediately contact the title ?.9 insurance company for further information or seek competent legal advice. Neither the Listing nor Selling Licensee is qualified to advise 1 , 130 on specific legal or title issues.) Upon receipt of the Report and CC&Rs by Buyer or Buyer Licensee, Buyer shall have 8 business days 131 (five [51 if not filled in) within which to notify Seller, in writing, of any matters disclosed in the Report and CC&Rs that islare unacceptable to Buyer 132 ("the Objections"). Buyers failure to timely object, in writing, to any matters disclosed in the Report and/or CC&Rs shall constitute acceptance of j~ 133 the Report and/or CC&Rs. However, Buyer's failure to timely object shall not relieve Seller of the duty to convey marketable title pursuant to 134 Section 22. If, within 8 business days (five 15j if not filled in) following receipt of the Objections, if any, Seller fails to remove or correct the l 135 matters identified in the Objections, or does not give written assurances reasonably satisfactory to Buyer that they will be removed or corrected, all 136 earnest money shall be promptly refunded to Buyer and this transaction shall he terminated- This contingency is solely for Buyer's benefit and may 137 be waived by Buyer in writing. Within thirty (30) days after Closing, Seller shall furnish to Buyer an owner's standard form policy of title insurance 138 insuring marketable title in the Property to Buyer in the amount of the purchase price, free and clear of the Objections and all other title exceptions 139 agreed to be removed as part of this transaction. {Note: This Section 7 provides that Seller will pay for Buyer's standard owner's policy of I 140 title insurance. In some areas of the country, such a payment might be regarded as a "seller concession." Under the TILAIRESPA 141 Integrated Disclosure Rules ("The Rules'), there are limitations, regulations and disclosure requirements on "seller concessions" unless 142 the product or service paid by the Seller was one customarily paid by the Seller. In Oregon, sellers customarily and routinely pay for I I; 143 their buyer's standard owner's policy of title insurance. Accordingly, unless the terms of this Section 7 are modified in writing by Buyer i 144 and Seller, the parties acknowledge, agree and so instruct Escrow, that in this transaction, Seller's payment of Buyer's standard owner's l 145 policy of title insurance is not a "seller concession" under the Rules or any other federal law. 146 8. INS PECTIONSIENVIRONMENTAL HEALTH CONDITIONS: The fallowing list identifies some, but not all, environmental conditions that 147 may be found in and around all real property that may affect health: Asbestos, carbon monoxide, electric and magnetic fields, 7/15/2016 I 08:00 PI Ds ~DS "I Buyer lnitials~~. 1 Date 7/2/2016 :08 PDT I Seller /Hill s C-L Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreem -f -lth r op-RGal Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 1 06:56 P1 Copyright Oregon Real Estate Forms, LLC 2004-2016 www,orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 3 of 9 Produced with zipFornto by ApLogix 18070 Fifteen Mile Road, Fraw, Michigan 48026 evvnv.7inLogix.com Parks acid Rec - i DocuSign Envelope ID: 2C84CF6B-CiFB-426A-82F5-900A265B70FB Sale Agreement # 061416ep 201 (7) Seller has no knowledge of any of the following matters affecting the use or operation of the Property: (a) past or present non- 202 resource uses (e.g., cemeteries, landfills, dumps, etc.); (b) unrecorded access easements or agreements (e.g., for harvesting, fishing, 203 hunting, livestock movement and pasture, etc.); (c) state or federal agreements/requirements regarding crops, grazing, reforestation, 204 etc.; (d) supplier agreements, production processing commitments or other similar contracts. 205 (8) Well(s), water source(s), and/or water district resources have been adequate under Seller's current usage of the Property. 206 (9) Water rights (e.g., irrigation, agricultural), for not less than (Seller to complete) acres, have been utilized and applied for 207 beneficial use within the last five (5) years and are current and shall be transferred to Buyer at Closing. Water rights may be subject to 208 certain conditions. Buyer should verify compliance with appropriate agency. 209 (10) Seller knows of no material discrepancies between visible lines of possession and use (such as existing fences, hedges, 210 landscaping, structures, driveways, and other such improvements) currently existing on the Property offered for sale and the legal 211 description of the Property. 212 (11) Seller is not a "foreign person" under the Foreign Investment in Real Property Tax Act (°FIRPTA") as defined in this Agreement. 213 (12) Seller agrees to promptly notify Buyer if, prior to Closing, Seller receives actual notice of any event or condition that could result in 214 making any previously disclosed material information relating to the Property substantially misleading or incorrect. 215 These representations are made to the best of Seller's knowledge. Seller may have made no investigations. Exceptions to items (1) 216 through (12) are: (For more exceptions see Addendum 217 Buyer acknowledges that the above representations are not warranties regarding the condition of the Property and are not a substitute 218 for nor in lieu of Buyer's own responsibility to conduct a thorough and complete independent investigation includinci the use of 219 profes$ionals where a ropriate regarding all material matters bearing +on the condition of the Property, its value and its suitability for ' 220 Buyer's intended use. Neithe_.r_-the l,i 'n nQr Sealing Licensee shall be responsible for conducting any insp tion or investigation ci 221 any aspects of the Property. 222 12.1 SELLER ADVISORY: OREGON STATE TAX WITHHOLDING OBLIGATIONS: Subject to certain exceptions, Escrow is required to withhold 223 a portion of Seller's proceeds if Buyer is a rion-resident individual or corporation as defined under Oregon law. Buyer and Seller agree to execute 224 and deliver, as appropriate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to carry out the provisions of 225 Oregon law. 226 12.2 SELLERIBUYER ADVISORY: FIRPTA TAX WITHHOLDING OBLIGATIONS: Seller and Buyer are advised that upon Closing, a Federal law, 227 known as the f=oreign Investment in Real Property Tax Act ("FIRPTA'), requires buyers to withhold a portion of a seller's proceeds if the real 228 property is located within the United States and the seller is a "foreign person" who does not qualify for an exemption (`Withholding Requirement"): 229 A "foreign person" includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or a foreign estate. Generally, the 230 following rules apply under FIRPTA: (a) There is no Withholding Requirement, even if the buyer is a "foreign person", if (i) The purchase price of 231 the property is not more than $300,000; and (ii) The property will be occupied as a residence by a buyer who is an individual (or a member of 232 his/her family) (iii) for,at least 50% of the number of days (excluding days the property is vacant) it is used by such person during each of the first 233 two 12-month periods following the date of closing; (b) The Withholding Requirement will be ten percent (10%) of the purchase price when the 234 buyer is a "foreign person" and the purchase price is over $300,000, but less than $1,000,000, and (a)(ii) and (iii) above apply; and (c) The 235 Withholding Requirement will be a fifteen percent (15%) of the purchase price when the buyer is a "foreign person" arid the purchase price is over 236 $1,000,000, regardless of use of the property. If FIRPTA applies, even if there is an exemption, Seller and Buyer should complete and sign 237 the FIRPTA Addendum, OREF Form No. 093. Seller and Buyer's Licensees are not experts in FIRPTA and will not act as a transferor or 238 transferee agent for purposes of the Withholding Requirement, ff FIRPTA may apply in this transaction, Seller and Buyer should promptly 239 consult their own experts familiar with the law and regulations. For further information, Seller and Buyer should go to:. 240 hitp:/lwww.realtor.orglarticleslfirpta-withholding-rate-increasing-to-95. 241 13. "AS-IS": Except for Seller's express written agreements and written representations contained herein, and Seller's Property 242 Disclosure, if any, Buyer is purchasing the Property "AS-IS," in its present condition and with all defects apparent or not apparent. 243 MISCELLANEOUS ITEMS 244 14. ADDITIONAL PROVISIONS: See Addendum A 245 246 247 248 For additional provisions, see Addendum A T - i 249 CLOSING/ESCROW 250 15. ESCROW: This transaction shall be Closed at First American Title ("Escrow"), a neutral escrow 251 located in the State of Oregon. Costs of Escrow shall be shared equally between Buyer and Seller, unless otherwise provided herein. Unless 252 otherwise provided herein, the parties agree as follows: Seller authorizes Listing Firm to order a preliminary title report and owner's title 253 policy at Seller's expense and further authorizes Escrow to pay out of the cash proceeds of sale the expense of furnishing such policy, 254 Seller's recording fees, Seller's Closing costs and any encumbrances on the Property payable by Seller on or before Closing. Buyer 255 shall deposit with Escrow sufficient funds necessary to pay Buyer's recording fees, Buyer's Clo Msts, anALender's7fb16,/fW 08: 00 PD 7/2/2016 ( 1 :08 PDT , Q ry I3u er Initials ! Date [Seller Initi Is d~ Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreemen wi r I Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER ANDIOR SELLER AND DATE 7/15/2016 1 06:56 PD Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 5 of 9 'i Produced vAth zipForrrt'ls) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 vnm.zipLegix.cont Parks and Ree - I l DocuSign Envelope ID: 2C84CF6B-C1 FB-426A-82F5-900A265B70FB Sale Agreement 1# 061416ep 309 22. DEED: Seller shall convey marketable title to the Property by statutory warranty deed (or good and sufficient personal representative's or 310 trustee's or similar legal fiduciary's deed, where applicable) free and clear of all liens of record, except property taxes that are a lien but not yet payable, zoning ordinances, building and use restrictions, reservations in federal patents, easements of record that affect the Property, covenants, 311 312 conditions and restrictions of record, and those matters accepted by Buyer pursuant to Section 7. 313 23. POSSESSION: Seller shall deliver possession of the Property to Buyer (select one): 314 (1) by 5:00 p.m. on Closing; 315 (2) [ by a.m. ❑ p.m. --days after Closing; 316 (3) ❑ by []a, m. ❑ p.m. on the day of 317 DEFINITIONS/EXPLANATIONS 318 24. DEFINITIONSIINSTRUCTIONS (1) All references in this Sale Agreement to "Licensee" and "Firm" shall refer to Buyer's and Seller's real 319 estate agents licensed in the State of Oregon arid the respective real estate corrIpanies with which they are affiliated. 320 (2) Time is of the essence of this Agreement. 321 (3) Written notices required or permitted under this Agreement to be delivered to Buyer or Seller may be delivered to their respective Licensee 322 with the same effect as if delivered to that Buyer or Seller. 323 (4) Licensee(s) and Firm(s) identified in the Final Agency Acknowledgment Section above are not parties to this Agreement, except as may be 324 expressly applicable. 325 (5) A "business day" shall mean Monday through Friday, except recognized state and legal holidays as enumerated in ORS 187.010 and 187.020. 326 (6) Unless Seller and Buyer expressly provide otherwise, the phrase "signed and accepted" in the printed text of this Sale Agreement, or any 327 addendum, or counteroffer, however designated (collectively, "the Agreement"), shall mean the date and time that either the Seller and/or Buyer 328 haslhave: (a) Signed their acceptance of the Agreement received from the other party, or their licensees, and (b) Transmitted it to the sending 329 party, or their licensee, either by manual delivery ("Manual Delivery"), or by facsimile or electronic mail (collectively, "Flectronic Transmission"). i 330 (7) The sending of a signed acceptance of the Agreement via Electronic Transmission from one party, or their licensee, to the other party, or their is 331 licensee, shall have the same effect as Manual Delivery of the signed original. If the parties intend to use any other method for transmitting a 332 signed offer or acceptance of the Agreement (such as regular mail, certified mail, or overnight delivery), they should so specify at Section 14 333 (Additional Provisions) of this Sale Agreement. 334 (8) Time calculated in days after the date Buyer and Seller have signed and accepted this Agreement shall start on the first full business day after 335 the date they have signed and accepted it, 336 (9) This Agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. However, Buyer's rights 337 under this Agreement or in the Property are not assignable without prior written consent of Seller 338 (10) This Agreement may be signed in multiple legible counterparts with the same legal effect as if all parties signed the same document. 339 (11) Unless a different time is specified in the Agreement, all deadlines for performance, however designated, that are measured in business or 340 calendar days, shall terminate as of 5:00 p.m. on the last day of that deadline, however designated. 341 25. APPROVED USES: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT 342 PROTECTING STRUCTURES, THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST 343 ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR 344 FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ,345 TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 346 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, 347 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON 348 ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRATE CITY OR COUNTY PLANNING DEPARTMENT TO 349 VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 350 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR 351 STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,195.301 352 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, 353 OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 354 26. 1RC 1031 EXCHANGE: In the event Buyer or Seller elects to complete an IRC 1031 exchange in this transaction, the other party agrees to 355 cooperate with them, and the accommodator, if any, in a manner necessary to complete the exchange, so tong as it will riot delay the Close of 356 escrow or cause additional expense or liability to the cooperating party. Unless otherwise provided herein, this provision shall riot become a 357 contingency to the Closing of this transaction. 358 27. LEVY OF ADDITIONAL PROPERTY TAXES: The Property: (check one) jX1is ❑ is not specially assessed for property taxes (e.g., farm, forest 359 or other) in a way which may result in levy of additional taxes in the future. If it is specially assessed, Seller represents that the Property is current 360 as to income or other conditions required to preserve its deferred tax status. If, as a result of Buyer's actions or the Closing of this transaction, the 361 Property either is disqualified from special use assessment or loses its deferred property tax status, unless otherwise specifically provided in this 362 Agreement, Buyer shall be responsible for and shall pay when due, any deferred and/or additional taxes and interest that may be levied against the ps DS 7/15/2016 08:00 P 95 7/2/201.6 1 1 .08 PDT -I~ Buyer Initials~t~ 1 Date Seller lniti Is Date _ This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreeme with Oregon I Estate Forms, LL.C, LINES WITH THIS SYMBOL E-- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 1 06:56 1 Copyright Oregon Real Estate Forms, LLC 2004-2016 www_orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 7 of 9 Produced with zipFom* by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 yNAy zipLogix.com Pnt-ks and Ree - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep 416 Address Zip 417 Phone Fax E-mail - 4:52 ul 418 12!3 Y at ❑ a.m. ® p.m. 41x3 t (Licensee(s) presenting offer). 420 31. AGREEMENT TO SELL I ACKNOWLEDGEMENTS 1 DISPOSITION OF EARNEST MONEY: Seller accepts Buyer's offer. Seller 421 acknowledges receipt of a completely filled-in copy of this Agreement, which Seller has fully read and understands. Seller 422 acknowledges that Seller has not relied upon any oral or written statements of Buyer or of any Licensee(s) that are not expressly 423 contained in this Agreement. Seller instructs that all earnest money distributable to Seller pursuant to Section 20, shall be disbursed as 424 follows after deduction of any title insurance and Escrow cancellation charges: (check one)lat.'rVog4ititVirm to the extent of the 425 agreed commission just as if the transaction had been Closed, with residue to Seller, Nor 426 DocuSf ned b : 427 ~~1) fiVUS 7/15/2016 06:56 PDT Date a.m. p.m. Seller Docusigned by 46578F36175C477- 428 Date 7/15/2016 ~ 08:00 PDT Sell r a.m. _p.m. < d 65C C4 F578E4452.- 429 Address zip 430 Phone Home Fax E-mail _ 431 32. REJECTIONICOUNTER OFFER: SELECT ONE: ❑ Seller does not accept the above offer, but makes the attached counter offer; 432 ❑ Seller rejects Buyers offer. 433 Seller Date _ a.m. p.m, < p.m. 434 rn. _ I: Seller J Date a. 435 Address -Zip_ 436 Phone Home _ Fax E-mail 437 33. BUYER'S ACKNOWLEDGMENT: Buyer acknowledges receipt of a copy of Seller's written response to this Agreement. If Seller's response is 438 an acceptance of Buyer's offer that occurred after the Offer Deadline identified at Section 30, Buyer (select only one) []agrees n does not agree, 439 to be bound thereby. (The failure to check either box shall constitute rejection of Seller's acceptance after the Offer Deadline.) If Buyer 440 checks the box agreeing to be bound by Seller's late acceptance occurring after the Offer Deadline, this Sale Agreement shall become binding on 441 all parties only when Buyer(s) has/have signed below ar transmitted it to Seller or Seller's Licensee. In such case after Buyer has comp€eted this 442 Section Selling Licensee should promptly con. ~plete the "Date and Time Qf Acceptance" below and transmit to Seiler Licensee. 443 Buyer _ Date - a.m. _ p.m. 444 Buyer_ _ Date - a. m. p.m. 1 445 If Buyer(s) has/have checked the box and signed where indicated in this Section 33, agreeing to be bound by Seller's late acceptance of Buyer's i~ 446 offer, Buyer or Buyer's Licensee must complete the information below and thereafter promptly transmit this completed Agreement to Seller or 447 Sei€er's Licensee: 448 Enter D_ ate, Time, and Method of Transmission of Seller's Acceptance: 449 Enter Identity of gender: 450 NO CHANGES OR ALTERATIONS ARE PERMITTED TO ANY PORTION_QF THE PRE-PRINTED FORMAT OR TEXT OF THIS FORM. ANY 451 SUCH PROPOSED CHANGES OR ALTERATIONS SHOULD BE MADE ON A SEPARATE DOCUMENT. CHANGES BY SELLER OR LISTING 452 LICENSEE TO THE TERMS OR PROVISIONS ABOVi BUYER'S SIGNATURE SHOULD ALSO f3E ON A SEPARATE DOCUMENT. Ds Ds 7/15/2016 j 08:00 PI :08 PDT 1 Date Buyer 11n tials~ I pate Seller snit all This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreemen wi regon eat Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER ANDIOR SELLER AND DATE 7/15/2016 1 06:56 Pi Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 9 of 9 Produced with zipForr& by zipl-ogix 18070 Fifteen Mile Road, Fraser, Michigan 46026 Nnwi 7ipLogix com Parks and Ree - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB ORE F Sale Agreement # 061416ep u.m•.«n Oecy-n, Sa..l FssnfFm,;: s, 1.2!' FINALAGENCY ACKNOWLEDGMENT 1 Both Buyer and Seller acknowledge having received the Oregon Real Estate Agency Disclosure Pamphlet, and hereby acknowledge and consent 2 to the following agency relationships in this transaction: Eric Poole 3 (Name of Selling Licensee(s)`), Oregon Lic. # 200212183 4 of Full Circle Real Estate (Name of Real Estate Firm(s)*) Selling Firm Office Address 5 24.0 E Main St Ashland, OR 97520-1831 , Company Lic. 200604291 6 Phone (541)482-6868 Fax (541)482-6881 E-mail eapoolel10--mail com 7 islare the agent of (check one): UX Buyer exclusively ("Buyer Agency"). ❑ Both Buyer and Seller ("Disclosed Limited Agency"). 8 No Agency Representation (Name of Listing Licensee(s)*), Oregon Lic. # _ of No Agency Representation (Name of Real Estate Firm(s)*) Listing Firm Office Address 10 , Company Lic. # _ 11 Phone Fax E-mail 12 is/are the agent of (check one): F] Seller exclusively ("Seller Agency"), Both Buyer and Seller ("Disclosed Limited Agency"). 13 *if Selling and/or Listing Licensees and/or Firms are co-selling or co-listing in this transaction, all Licensee and Firm names should be 14 disclosed above. For directions on how to look up license numbers: http://www.orecion.gov/rea/docsiLicense Lookup.pdf 15 If both parties are each represented by one or more Licensees in the same Real Estate Firm, and Licensees are supervised by the same principal 16 broker in that Real Estate Firm, Buyer and Seller acknowledge that said principal broker shall become the disclosed limited agent for both Buyer 17 and Seller as more fully explained in the Disclosed Limited Agency Agreements that have been reviewed and signed by Buyer, Seller and 18 Licensee(s). 19 Buyer shall sign this acknowledgment at the time of signing this Agreement before submission to Seller. Seller shall sign this acknowledgment at 20 the time this Agreement is first submitted to Seller, even if this Agreement will be rejected or a counter offer will be made. Seller's signature to this 21 Final Agency Acknowledgment shall not constitute acceptance of this Agreement or any terms therein. rDocuS~h~ 7/2/2016 { 12:08 PDT 22 Buyer ll / f~ Print City of Ashland Date ~ 23 Buye -18oc'R111nei by: Print Date 24 Selle bvm psi a 1„t. Print Harshman Family Trust Date7/15/2016 { 06: S~PDT 25 Selle 46678F36175C4 7.. -MOCAAA, Print Date 7/15/2016 { 08 : Qa PDT - VACANT LAND REAL ESTATE SALE AGREEMENT 26 THIS AGREEMENT IS INTENDED TO BE A LEGAL AND BINDING CONTRACT. IF IT IS NOT UNDERSTOOD, SEEK COMPETENT LEGAL 27 ADVICE BEFORE SIGNING. FOR AN EXPLANATION OF THE PRINTED TERMS AND PROVISIONS IN THIS FORM REGARDING TIMING, 28 NOTICE, BINDING EFFECT, ETC., SELLER AND BUYER ARE ENCOURAGED TO CLOSELY REVIEW SECTION 24 (DEFINITIONS AND 29 INSTRUCTIONS SECTION). 30 1. PRICEtPROPERTY DESCRIPTION: Buyer (print name(s)) City of Ashland 31 32 offers to purchase from Seller (print name(s)) Harshman Family Trust 33 34 the following described real property (hereinafter "the Property") situated in the State of Oregon, County of Jackson , 35 and commonly known or identified as (insert street address, city, zip code, tax identification number, lot/block description, etc.) 36 Map Taxiot 391 E08DB200 & 391 E08600 Ashland OR 97520 37 Map Taxiot 391 E08DB 200 Map Taxiot 391 E08 600 38 (Buyer and Seller agree that if it is not provided herein, a complete legal description as provided by the title insurance company In accordance with 39 Section 7, below, shall, where necessary, he used for purposes of legal identification and conveyance of title.) 40 for the Purchase Price (in U.S. currency) of A $ 360,000.00 41 on the following terms: Earnest money herein receipted for B $ 5,000.00 42 on , as additional earnest money, the sum of C $ 43 at or before Closing, the balance of down payment D $ 44 at Closing and upon delivery of ❑X DEED ❑ CONTRACT the balance of the Purchase Price E $ 355,000.00 45 shall be paid as agreed in Financing Section of the Agreement. (Lines B, C, D and E should equal Line A) 7/15/2016 { 08:00 PD os os 7/2/2016 1 :08 PDT 7/15/2016 1 6:56 1 6;rinitialsl Date Seller lniti Is Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreeme n 6717 ea Estate Forms, LLC. LINES WITH THIS SYMBOL f- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 1 of 9 Full Circle Real Estate, 240 F. Alain Street Ashland, OR 47520 Phone: (541)482-6368 Fax: (.{41)482-6$91 Parks and Rec - Eric Poole Produced with zlpFonntl by zipl-ogix 18070 Fineen Mile Road, Fraser, Michigan 48026 v8wr.92L-ogixcom DocuSign Envelope 1D: 2C84CF6B-C1 FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep FINANCING 46 2. BALANCE OF PURCHASE PRICE. (Select A or 8) 47 A. []X This is an all cash transaction. Buyer to provide verification ("Verification") of readily available funds as follows (select only or(e): 48 Buyer has attached a copy of the Verification with the submission of this Agreement to Seller or Listing Licensee. [X Buyer will provide Seller or 49 Listing Licensee with the Verification within 7 business days (five [5] if riot filled in) after this Agreement has been signed and accepted; or 50 Other (Describe): 51 Seller may notify Buyer or Buyer's Licensee, in writing, of Sellers unconditional disapproval of the Verification within business days (two [2] 52 if not filled in) ("Disapproval Period") following its receipt by Seller or Listing Licensee, in which case, all earnest money deposits shall be promptly 53 refunded and this transaction shall be terminated. If Seller fails to provide Buyer or Selling Licensee with written unconditional disapproval 54 of the Verification by 5:00 p.m. of the Disapproval Period, Seller shall be deemed to have approved the Verification. If Buyer fails to 55 submit a Verification within a time frame selected above, unless the parties agree otherwise In writing, all earnest money deposits shall 56 be promptly refunded and this transaction shall be terminated. 57 B. Balance of Purchase Price to be financed as follows (Select only one): []Conventional; 58 ❑ Other (Describe): (hereinafter "Loan 59 Program"). Buyer agrees to seek financing through a lending institution ("Lender") participating in the Loan Program identified above. 60 Pre-Approval Letter. ❑ Buyer has attached a copy of a Pre-Approval Letter from Buyer's Lender or mortgage broker; ❑ Buyer does not have a 61 Pre-Approval Letter at the time of making this offer; Buyer agrees to secure a Pre-Approval Letter as follows: 62 63 3.1 FINANCING CONTINGENCIES. If Buyer is financing any portion of the Purchase Price, this transaction is subject to the following financing 64 contingencies: (1) Buyer nc the Property to qualify for the loan from Lender; (2) Lender's appraisal shall not be less than the Purchase Price; and, 65 (3) Other (Describe): 66 67 All Financing Contingencies are solely for Buyer's benefit and may be waived by Buyer in writing at any time. 68 3.2 FAILURE OF FINANCING CONTINGENCIES. If Buyer receives actual notification that any Financing Contingencies identified above have 69 failed or otherwise cannot occur, Buyer shall promptly notify Seller, and the parties shall have business days (two [2[ if not filled in) following 70 the day of Seller's receipt of such notification to either (a) Terminate this transaction by signing a Termination Agreement (OREF-057) or such 71 other similar form as may be provided by Escrow; or (b) Reach a written mutual agreement upon such price and terms that will permit this 72 transaction to continue. Neither Seller nor Buyer is required under the preceding provision (b) to reach such agreement. If (a) or (b) fail to occur 73 within the time period identified herein, this transaction shall be automatically terminated and all earnest money shall be promptly refunded to 74 Buyer. Buyer understands that upon termination of this transaction, Seller shall have the right to immediately place the Property back on the 75 market for sale upon any price and terms as Seller determines, at Seller's sole discretion. 76 3.3 BUYER REPRESENTATION REGARDING FINANCING: As of the date of signing this Agreement, Buyer makes the following representations 77 to Seller: (1) Buyer shall submit to Buyer's Lender or mortgage broker a completed loan application for purchase of the Properly not later than 78 business days (three [3) if not filled in) following the date Buyer and Seller have signed and accepted this Agreement. A "completed loan 79 application" shall include the following information: (i) Buyer's name(s); ([i) Buyer's income(s); (iii) Buyer's social security number(s); (iv) the 80 Property address; (v) an estimate of the value of the Property; and (vi) the loan amount sought. 81 (2) Buyer will thereafter complete all reasonably necessary paperwork in a timely manner and exercise best efforts (including payment of all 82 application, appraisal and processing fees, where applicable) to obtain the loan. 83 (3) Buyer agrees that within ten (10) calendar days following receipt of the Loan Estimate from Buyer's Lender, Buyer will provide said Lender with 84 written notice of intent to proceed, or not proceed, with the loan transaction in a form reasonably required by said Lender. 85 (4) Upon request of Seller or Seller's Licensee, Buyer shall promptly provide the date of Buyer's signed notice to the Lender or mortgage broker of i 86 Buyer's written intent to proceed with the loan (see Section 3.3(3)). 87 (5) Buyer shall make a good faith effort to secure the ordering of the Lender's appraisal no later than expiration of the inspection Contingency ! 88 Period in Section 8 of this Agreement, or if the Professional Inspection Addendum (OREF-058) is used, expiration of the Inspection Period. 89 (6) Buyer currently has liquid and available funds for the earnest money deposit and dawn payment, sufficient to Close the transaction described i 90 herein, and is not relying upon any contingent source of funds (e.g., from loans, gifts, sale or closing of other property, 401 K disbursements, etc.), 91 except as follows (describe): 92 93 (7) Buyer authorizes Buyer's Lender or mortgage broker to provide non-confidential information to Listing and Selling Licensees regarding Buyer's 94 loan application status. Ds Ds 7/15/2016 1 08:00 PE ~ :0$ PDT ~ FBuyer Jj f:ta l_l Date Seller Initi Is Date I This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agroom e Kea[ Estate Forms, LLC. j LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 I 06:56 PD 1 Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 2 of 9 Produced with ZipFornie by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 vno v.ziologix.com Part aid [irc - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Q Sale Agreement # 061416ep oreiv.*. 95 (8) Buyer shall promptly notify Seller or Seller's Licensee if, after signing this Agreement, Buyer substitutes another Lender for any reason. 96 Notwithstanding the preceding, Buyer shall not be permitted to select a Loan Program different than the one selected in Section 2B, without 97 Seller's advance written consent. 98 (9) Buyer agrees to keep Seller promptly informed of all other material non-confidential developments regarding Buyer's financing and the timing of 99 Closing. 100 4.1 INSURANCE: Buyer is encouraged to promptly verify the availability and cost of property/casualty/fire insurance that will be secured for the 101 Property. Additionally, lenders may require proof of property/casualty/fire insurance as a condition of the loan. 102 4.2 FLOOD INSURANCE; ELEVATION CERTIFICATE: If the Property is located in a designated flood zone, flood insurance may be required 103 as a condition of a new loan. Buyer is encouraged to promptly verify the need, availability, and cost of flood insurance, if applicable. An Elevation 104 Certificate ("EC") is the document used by the federal National Flood Insurance Program ("NFiP") to determine the difference in elevation between 105 a home or building, and the base flood elevation ("BFE"), which is a computed elevation to which floodwater is anticipated to rise during certain 106 floods. The amount of the flood insurance premium for a particular property is based upon the EC. Not all properties in flood zones require an EC, 107 depending upon when they were constructed. ECs must be prepared and certified by a land surveyor, engineer, or architect who is authorized by 108 the local jurisdiction to certify elevation information. The costs and fees for an EC may range from a few hundred dollars to over a thousand. If the 109 Property requires an EC, it will need to be obtained prior to receiving a flood Insurance quote. Additionally, lenders may require an EC as 110 a condition of loan approval. For more information, go to the following link: http:ltwww.fema.gov/base-flood-elevation 111 5. SELLER-CARRIED FINANCING (E.G. LAND SALE CONTRACT/TRUST DEED/MORTGAGE/OPTION AGREEMENTS, RENT-TO-OWN, 112 ETC.): Notice to Buyer and Seller: If this transaction involves a land sale contract, trust deed, mortgage, option, or lease-to-own agreement 113 (hereinafter a "Seller Carried Transaction'"), Oregon law requires that, unless exempted, individuals offering or negotiating the terms must hold a 114 mortgage loan originator ("MLO") license. Your real estate licensee is not qualified to provide these services or to advise you in this regard. Legal 115 advice is strongly recommended. Oregon law exempts the following individuals from the MLO licensing law: (a) Those who offer or negotiate terms 116 of a residential mortgage loan with or on behalf of their spouse, child, sibling, parent, grandparent, grandchild or a relative in a similar relationship 117 created by law, marriage or adoption; (b) Those who sell their primary residence they currently or previously lived in; and (c) Individuals who sell up 118 to three (3) non-primary residences during any 12-month period. (Note: One may not hold more than eight residential mortgage loans at one time.) 119 If this is a Seller-Carried Transaction, and one or more of the preceding exemptions apply, Buyer and Seller should use the Seller-Carried 120 Addendum, OREF form No.033 and related forms. Caveat: Buyer and Seller are advised to secure competent legal advice while engaged 121 in a Seller-Carried Transaction 122 6. ADDITIONAL FINANCING PROVISIONS: 123 124 CONTINGENCIES, 125 7. TITLE INSURANCE: Upon signature and acceptance of this Agreement by Buyer and Seller, Seller will, at Seller's sole expense, promptly 126 order the Report and CC&Rs from an Oregon title insurance company and furnish them to Buyer. Unless otherwise provided herein, this 127 transaction is subject to Buyer's review and approval of a preliminary title report and the recorded covenants, conditions and restrictions ("the 128 Report and CC&Rs") showing the condition of title to the Property. (If not fully understood, Buyer should immediately contact the title 129 insurance company for further information or seek competent legal advice. Neither the Listing nor Selling Licensee is qualified to advise 130 on specific legal or title Issues.) Upon receipt of the Report and CC&Rs by Buyer or Buyer Licensee, Buyer shall have 8 business days 131 (five [5] if not filled in) within which to notify Seller, in writing, of any matters disclosed in the Report and CC&Rs that is/are unacceptable to Buyer 132 ("the Objections"). Buyer's failure to timely object, in writing, to any matters disclosed in the Report and/or CC&Rs shall constitute acceptance of 133 the Report and/or CC&Rs. However, Buyer's failure to timely object shall not relieve Seller of the duty to convey marketable title pursuant to 134 Section 22. If, within 8 business days (five (5) if not filled in) following receipt of the Objections, if any, Seller fails to remove or correct the 135 matters identified In the Objections, or does not give written assurances reasonably satisfactory to Buyer that they will be removed or corrected, all 136 earnest money shall be promptly refunded to Buyer and this transaction shall be terminated. This contingency is solely for Buyer's benefit and may 137 be waived by Buyer in writing. VViithin thirty (30) days after Closing, Seller shall furnish to Buyer an owner's standard form policy of title insurance 138 insuring marketable title in the Property to Buyer in the amount of the purchase price, free and clear of the Objections and all other title exceptions 139 agreed to be removed as part of this transaction. (Note: This Section 7 provides that Seller will pay for Buyer's standard owner's policy of 140 title insurance. In some areas of the country, such a payment might be regarded as a "seller concession." Under the TILA/RE'SPA 141 Integrated Disclosure Rules ("The Rules'), there are limitations, regulations and disclosure requirements on "seller concessions" unless 142 the product or service paid by the Seller was one customarily paid by the Seller. In Oregon, sellers customarily and routinely pay for 143 their buyers standard owner's policy of title insurance. Accordingly, unless the terms of this Section 7 are modified in writing by Buyer 144 and Seller, the parties acknowledge, agree and so instruct Escrow, that in this transaction, Seller's payment of Buyer's standard owner's 145 policy of title insurance is not a "seller concession" under the Rules or any other federal law. 146 8. INSPECTIONS/ENVIRONMENTAL HEALTH CONDITIONS: The following list identifies sorne, but not all, environmental conditions that 147 may be found in and around all real property that may affect health: Asbestos, carbon monoxide, electric and magnetic fields, 7/15/2016 1 08:00 PI DS 7/2/2016 ( 1 :08 PDT Buyer Initial / Date Seller Initi S f2fttDate This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreem I Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 1 06:56 P1 Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 3 of 9 Produced with zipForma by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 %-A1N1_zi0l_ogix.C0m Parks and Rec - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep e -'Z 148 formaldehyde, lead and other contaminants in drinking water and well water, lead based paint, mold and mildew, radon, and leaking 149 underground storage tanks. If Buyer has any concerns about these conditions or others, Buyer is encouraged to secure the services of 150 a licensed professional inspector, consultant, or health expert, for information and guidance. Neither the listing nor selling licensees are 151 experts in environmental health hazards or conditions. Buyer understands that it is advisable to have a complete inspection of.the 152 Property by qualified licensed professional(s), relating to such matters as soil condition/compaction/stability, environmental issues, 153 survey, zoning, availability of utilities, and suitability for Buyer's intended purpose, Neither the Listing nor Selling Licensees are 154 qualified to conduct such inspections and shall not be responsible to do so. For further details, Buyer is encouraged to review the 155 Buyer Advisory at http•//www oregonrealtors orcl/resources/membership-resources/buyer-seller-advisories and the Oregon Public 156 Health Division at ttp:/loublic health oreuon.gov/Pages/Home aspx 157 Check only one box below: 158 FXJ LICENSED PROFESSIONAL INSPECTIONS: At Buyer's expense, Buyer may have the Property and all elements and systems thereof 159 inspected by one or more licensed professionals of Buyer's choice. Provided, however, Buyer must specifically identify in this Agreement any 160 desired invasive inspections which may include testing or removal of any portion of the Property including radon and mold. Buyer understands that 161 Buyer is responsible for the restoration of the Property following any inspection(s)/test(s) performed by Buyer or on Buyers behalf. Buyer shall 162 have 25 business days (ten [101 if not filled in), after the date Buyer and Seller have signed and accepted this Agreement, (hereinafter "the 163 Inspection Period") in which to complete all inspections and negotiate with Seller regarding any matters disclosed in any inspection report. 164 However, during the Inspection Period, Seller shall not be required to modify any terms of this Agreement already reached with Buyer. Unless a 165 written and signed modification is reached, at any time during the Inspection Period, Buyer may notify Seller or Listing Licensee, in writing, of 166 Buyer's unconditional disapproval of the Property based on any inspection report(s), In which case, all earnest money deposits shall be promptly 167 refunded and this transaction shall be terminated. Buyer shall promptly provide a copy of all reports to Seller only if requested by Seller. If Buyer 168 fails to provide Seller or Listing Licensee with written unconditional disapproval of any inspection report(s) by 5:00 p.m. of the final day 169 of the Inspection Period, Buyer shall be deemed to have accepted the condition of the Property. Note that if, prior to expiration of the 170 inspection Period, written agreement is reached with Seller regarding ALL Buyer's requested repairs, the Inspection Period shall 171 automatically terminate, unless the parties agree otherwise in writing. 172 identify Additional Inspections: 173 ❑ALTERNATIVE INSPECTION PROCEDURES: OREF-058 PROFESSIONAL INSPECTION ADDENDUM OR OTHER INSPECTION 174 ADDENDUM Is attached to this Agreement. 175 ❑ BUYER'S WAIVER OF INSPECTION CONTINGENCY: Buyer represents to Seller and all Licensees and Firms that Buyer is fully satisfied with 176 the condition of the Property and all elements and systems thereof and knowingly and voluntarily elects to waive the right to have any 177 inspections performed as a contingency to the Closing of the transaction. Buyer's election to waive the right of inspection is solely Buyer's 178 decision and at Buyer's own risk. 179 9.1 PRIVATE WELL: Does the Property contain a well that supplies or is intended to supply domestic water for household use? ❑ Yes ❑X No. 180 if the Property contains a private well, the OREF-082 Private Well Addendum will be attached to this Sale Agreement. 181 9.2 ONSiTE SEWAGE SYSTEM: Does the Property contain an onsite sewage system? ❑ Yes ❑ No If the Property contains an onsite sewage 182 system, the OREF-081 Onsite Sewage System Addendum will be attached to this Sale Agreement 183 10. PROPERTY DISCLOSURE LAW: Buyer and Seller acknowledge that unless this transaction is otherwise exempted, Oregon law provides that 184 Buyer has a right to revoke Buyers offer by giving Seller written notice thereof (a) within five (5) business days after Seller's delivery of Seller's 185 Property Disclosure Statement ("the Statement"), or (b) at any time before Closing (as defined in the Oregon Administrative Rules) if Buyer does 186 not receive the Statement from Seller before Closing. Buyer may waive the right of revocation only in writing. Seller authorizes Listing Firm to 187 receive Buyer's notice of revocation, if any, on Seller's behalf. 188 SELLERREPRESENTA 189 11. SELLER REPRESENTATIONS: Subject to other written disclosures made by Seller as a part of this transaction, Seller makes the 190 following representations to Buyer. 191 (1) The Property is served by and/or connected to (check all that apply): ❑ a public sewer system; ❑ an on-site sewage system; ❑ a 192 public water system; ❑ a private well and/or shared well; ❑ other (e.g., surface springs, cistern, etc.) described: 193 194 [x] none of the preceding. 195 (2) The Property will be in substantially its present condition at the time Buyer is entitled to possession. 196 (3) Seller has no notice of any liens or assessments to be levied against the Property. 197 (4) Seller has no notice from any governmental agency of a condemnation, environmental, zoning or similar proceeding, existing or 198 planned, which could detrimentally affect the use, development, or value of the Property. 199 (5) Seller knows of no material defects in or about the Property. 200 (6) Seiler has no notice from any governmental agency of any violation of law relating to the Property. 7/2/2016 1 :08 PDT os as 7/15/2016 1 08:00 PD" Buyer Initial / Dafe Seller Initi !s !J Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreeme Estate Forms, LLC. - _1111 LINES WITH THIS SYMBOL F- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 1 06:56 PI Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefoiiline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 4 of 9 Produced with zipFormO by ziplogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 y nyi i ix co Parks and Rec - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep 201 (7) Seller has no knowledge of any of the following matters affecting the use or operation of the Property: (a) past or present non- 202 resource uses (e.g., cemeteries, landfills, dumps, etc.); (b) unrecorded access easements or agreements (e.g., for harvesting, fishing, 203 hunting, livestock movement and pasture, etc.); (c) state or federal agreements/requirements regarding crops, grazing, reforestation, 204 etc.; (d) supplier agreements, production processing commitments or other similar contracts. 205 (8) Well(s), water source(s), and/or water district resources have been adequate under Seller's current usage of the Property. 206 (9) Water rights (e.g., irrigation, agricultural), for not less than (Seller to complete) acres, have been utilized and applied for 207 beneficial use within the last five (5) years and are current and shall be transferred to Buyer at Closing. Water rights [nay be subject to 208 certain conditions. Buyer should verify compliance with appropriate agency. 209 (10) Seller knows of no material discrepancies between visible lines of possession and use (such as existing fences, hedges, 210 landscaping, structures, driveways, and other such improvements) currently existing on the Property offered for sale and tine legal 211 description of the Property. 212 (11) Seller is not a "foreign person" under the Foreign Investment in Real Property Tax Act ("FIRPTA") as defined in this Agreement. 213 (12) Seller agrees to promptly notify Buyer if, prior to Closing, Seller receives actual notice of any event or condition that could result in 214 making any previously disclosed [Material Information relating to the Property substantially [misleading or incorrect. 215 These representations are made to the best of Seller's knowledge. Seller may have made no investigations. Exceptions to items (1) 216 through (12) are: (For more exceptions see Addendum 217 Buyer acknowledges that the above representations are not warranties regarding the condition of the Property and are not a substitute 218 for nor in lieu of Buyer's own responsibility to conduct a thorough and complete independent investigation including the use of 219 professionals where appropriate regarding all material matters bearing on the condition of the Property its value and its suitability for 220 Buyers intended use Neither the Listing nor Selling Licensee shall be responsible for conducting any Inspection or investigation of 221 aspects of the Property 222 12.1 SELLER ADVISORY: OREGON STATE TAX WITHHOLDING OBLIGATIONS: Subject to certain exceptions, Escrow is required to withhold 223 a portion of Seller's proceeds if Buyer is a non-resident individual or corporation as defined under Oregon law. Buyer and Seller agree to execute 224 and deliver, as appropriate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to carry out the provisions of 225 Oregon law. 226 12.2 SELLER/BUYER ADVISORY: FIRPTA TAX WITHHOLDING OBLIGATIONS: Seller and Buyer are advised that upon Closing, a Federal law, 227 known as the Foreign Investment in Real Property Tax Act ("FIRPTA"), requires buyers to withhold a portion of a seller's proceeds if the real 228 property is located within the United States and the seller is a "foreign person" who does not qualify for an exemption ("Withholding Requirement"). 229 A "foreign person" includes a non-resident alien individual, foreign corporation, foreign partnership, foreign trust or a foreign estate. Generally, the 230 following rules apply under FIRPTA: (a) There is no Withholding Requirement, even if the buyer is a "foreign person", if: (i) The purchase price of 231 the property is not more than $300,000; and (ii) The property will be occupied as a residence by a buyer who is an individual (or a member of 232 his/her family) (iii) for at least 50% of the number of days (excluding days the property is vacant) it is used by such person during each of the first 233 two 12-month periods following the date of closing; (b) The Withholding Requirement will be ten percent (10%) of the purchase price when the 234 buyer is a "foreign person" and the purchase price is over $300,000, but less than $1,000,000, and (a)(ii) and (iii) above apply; and (c) The 235 Withholding Requirement will be a fifteen percent (15%) of the purchase price when the buyer is a "foreign person" and the purchase price is over 236 $1,000,000, regardless of use of the property. If FIRPTA applies, even If there is an exemption, Seller and Buyer should complete and sign 237 the FIRPTA Addendum, OREF Form No. 093. Seller and Buyer's Licensees are not experts in FIRPTA and will not act as a transferor or 238 transferee agent for purposes of the Withholding Requirement. If FIRPTA may apply in this transaction, Seller and Buyer should promptly 239 consult their own experts familiar with the law and regulations. For further information, Seller and Buyer should go to:. 240 http://www.realtor.org/articies/firpta-withholding-rate-increasing-to-15. 241 13. "AS-IS": Except for Seller's express written agreements and written representations contained herein, and Seller's Property 242 Disclosure, if any, Buyer is purchasing the Property "AS-IS," in its present condition and with all defects apparent or not apparent. 243 MISCELLANEOUS ITEMS 244 14. ADDITIONAL PROVISIONS: See Addendum A i 245 246 247 248 For additional provisions, see Addendum A E 249 • ' • 250 15. ESCROW: This transaction shall be Closed at First American Title ("Escrow"), a neutral escrow 251 located in the State of Oregon. Costs of Escrow shall be shared equally between Buyer and Seller, unless otherwise provided herein. Unless 252 otherwise provided herein, the parties agree as follows: Seller authorizes Listing Firm to order a preliminary title report and owner's title 253 policy at Seller's expense and further authorizes Escrow to pay out of the cash proceeds of sale the expense of furnishing such policy, 254 Seller's recording fees, Seller's Closing costs and any encumbrances or, the Property payable by Seller on or before Closing. Buyer 255 shall deposit with Escrow sufficient funds necessary to pay Buyer's recording fees, Buyer's Clo ' ghosts, an nder's7fAI9,/9P&M 1 08:00 PD j~ [Buyer Irritials~ ! Date 7/2/2016 1 :08 PDT Seller Initi Is C1 Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreemen wi r rr-RieaI Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 1 06:56 PD i Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 5 of 9 Produmd with zipForrnO by zipLogix 18070 Fifteen Mite Road, Fraser, Michigan 48020 by m%zipt agix.cAm Parks and Rec - 1 i DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep rA4.C.6.4 NCiM1AII 256 Real estate fees, commissions or other compensation for professional real estate services provided by Listing and/or Selling Firms shall 257 be paid at Closing in accordance with the listing agreement, buyer service agreement or other written agreement for compensation. 258 16. PRORATIONS: Prorates for rents, current year's taxes, interest on assumed obligations, and other prepaid expenses attributable to the 259 Property shall be as of: (check one) ❑X the Closing Date; date Buyer is entitled to possession; or 11 260 17. RECEIPT FOR EARNEST MONEY: Selling Firm acknowledges receipt of earnest money from Buyer in the sum of $ 5 000.00 261 evidenced by ❑ CASH []CHECK; or 262 ❑X PROMISSORY NOTE payable as follows: 263 5 50 business ❑ calendar (check one) days after this Agreement has been signed and accepted; or 264 ❑ on or before 265 ❑ Other form of Earnest Money: 266 18. EARNEST MONEY DEPOSIT INSTRUCTIONS TO SELLING FIRM: Buyer instructs Selling Firm, and Selling Firm agrees, to handle the 267 earnest money as follows (check all that apply): 268 ❑ Hold any earnest money that is in the form of a check undeposited until this Agreement and all agreed-upon counter offers have been signed 269 and accepted, after which time deposit it as provided herein within three (3) banking days ❑X Deposit any earnest money funds redeemed under a 270 promissory note with Escrow 271 272 Deposit in Selling Firm's client trust account, and thereafter/or ❑ Deposit with Escrow. 273 SELLING LICENSEE AND SELLING FIRM SHALL HAVE NO FURTHER LIABILITY WITH RESPECT TO EARNEST MONEY THAT THE 274 PARTIES HAVE AUTHORIZED TO BE TRANSFERRED TO A THIRD PARTY. Docusigned by: 275 Selling Firm Full Circle Real Estate Selling Licensee Signat refyi6 rbbb, 6/29/2016 1 2032 PDT 276 19. ESCROW MONEY DEPOSIT INSTRUCTIONS TO ESCROW: Escrow is hereby instructe6F~y ~uye°r and Seller as follows: (1) Upon your 277 receipt of a copy of this Agreement marked "rejected" by Seller or of Listing F=irm's written advice that the offer is "rejected" by Seller, you are to 278 refund all earnest money to Buyer; (2) Upon your receipt of a copy of this Agreement signed by Buyer and Seller set up an escrow account and 279 proceed with Closing in accordance with the terms of this Agreement. If you determine that the transaction cannot be Closed for any reason 280 (whether or not there is then a dispute between Buyer and Seller), you are to hold all earnest money deposits until you receive written instructions 281 from Buyer and Seller, or a final ruling from a court or arbitrator, as to disposition of such deposits. 282 20: EARNEST MONEY PAYMENTIREFUND: If (1) Seller does not approve this Agreement; or (2) Seller signs and accepts this Agreement but 283 fails to furnish marketable title; or (3) Seller fails to complete this transaction in accordance with this Agreement, or perform any otter act as herein 284 provided; or (4) any condition which Buyer hay made an express contingency in this Agreement (and has not been otherwise waived) fails through 285 no fault of Buyer, then all earnest money shall be promptly refunded to Buyer. However, acceptance by Buyer of the refund shall not constitute a 286 waiver of other legal remedies available to Buyer. If Seller signs and accepts this Agreement and title is marketable; and (1) Buyer has 287 misrepresented Buyer's financial status; or (2) Buyer's bank does not pay, when presented, any check given as earnest money; or (3) Buyer fails to 288 redeem, when due, any note given as earnest money; or (4) Buyer fails to complete this transaction in accordance with this Agreement, or perform 289 any other act as herein provided, then all earnest money paid or agreed to be paid shall be paid to Seller either as liquidated damages or as 290 otherwise allowed under Oregon law, and this transaction shall be terminated. It is the intention of the parties that Seller's sole remedy 291 against Buyer for Buyer's failure to Close this transaction shall be limited to the amount of earnest money paid or agreed to be paid 292 herein. 293 21.1 CLOSING: Closing shall occur on a date mutually agreed upon between Buyer and Seller, but in no event later than 0811212016 294 ("the Closing Deadline"). The terms "Closed", "Closing" or "Closing Date" shall mean when the deed or contract is recorded and funds are available 295 to Seller. Buyer and Seller acknowledge that for Closing to occur by the Closing Deadline, it may be necessary to execute documents and deposit 286 funds in Escrow prior to that date. Caveat: Section 5 requires three (3) days prior to the Closing Deadline if Escrow is to prepare a note and a 297 deed of trust or mortgage. 298 21.2 THE CLOSING DISCLOSURE: If the Property will be used, or is expected to be used, as Buyer's primary residence, and lender financing is 299 involved, pursuant to the federal TILA-RESPA Integrated Disclosure Rules ("TRID"), Buyer and Seller will each receive a federally-required 300 document called a "Closing Disclosure'", which, among other things, summarizes each party's closing costs. TRID requires that the Closing 301 Disclosure must be received by a residential loan borrower at least three (3) business days prior to "consummation" of the transaction, which in 302 most cases in Oregon will be the date on which Buyer signs the loan documents. Under certain circumstances, a change to the Closing Disclosure 303 late in the transaction could result in a delay in Closing to comply with the three business day rule. Such a delay beyond the Closing Deadline 304 could result in termination of the transaction unless Seller and Buyer mutually agree to extend it. 305 21.3 NOTICE REGARDING TITLE INSURANCE COSTS: The manner in which TRID requires title insurance costs to be disclosed differs from the 306 actual costs that may be charged to the parties under Oregon law. In such instances, at Closing, Escrow may issue a separate statement showing 307 the actual costs for an owner's policy of title insurance and, where applicable, the lender's policy of title insurance. Seller and Buyer are 308 encouraged to discuss this with Escrow prior to Closing. Ds 7/15/2016 1 08:00 PD DS 11212016 1 2:08 PDT Seiler Initi Is ~C1 Date Buyer Initial/ Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreem al Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 1 06:56 PD1 Copyright Oregon Real Estate Forms, LLC 2004-2016 wtww.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 6 of 9 Produced with zipForrt*) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www-zil2Logix.com Marrs and Itec - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265870FB Sale Agreement # 061416ep 6:4K i OX.TIwt. 309 22. DEED: Seller shall convey marketable title to the Property by statutory warranty deed (or good and sufficient personal representative's or 310 trustee's or similar legal fiduciary's deed, where applicable) free and clear of all liens of record, exc property taxes that are a lien but not yet 311 payable, zoning ordinances, building and use restrictions, reservations in federal patents, easements of record that affect the Property, covenants, 312 conditions and restrictions of record, and those matters accepted by Buyer pursuant to Section 7. 313 23. POSSESSION: Seller shall deliver possession of the Property to Buyer (select one): 314 (1)❑X by 5.00 p.m. on Closing; 315 (2) by ❑ a.m. p.m. days after Closing; 316 (3) ❑ by ❑ a.m. p.m. on the day of 317 DEFINITIONS/EXPLANATIONS 318 24. DEFINITIONSIINSTRUCTIONS: (1) All references in this Sale Agreement to "Licensee" and "Firm" shall refer to Buyer's and Seller's real 319 estate agents licensed in the State of Oregon and the respective real estate companies with which they are affiliated. 320 (2) Tirne is of the essence of this Agreement. 321 (3) Written notices required or permitted under this Agreement to be delivered to Buyer or Seller may be delivered to their respective Licensee 322 with the same effect as if delivered to that Buyer or Seller. 323 (4) Licensee(s) and Firm(s) identified in the Final Agency Acknowledgment Section above are not parties to this Agreement, except as may be 324 expressly applicable. 325 (5) A "business day" shall mean Monday through Friday, except recognized state and legal holidays as enumerated in ORS 187.010 and 187.020. 326 (6) Unless Seller and Buyer expressly provide otherwise, the phrase "signed and accepted" in the printed text of this Sale Agreement, or any 327 addendum, or counteroffer, however designated (collectively, "the Agreement"), shall mean the date and time that either the Seller and/or Buyer 328 has/have: (a) Signed their acceptance of the Agreement received from the other party, or their licensees, and (b) Transmitted it to the sending 329 party, or their licensee, either by manual delivery ("Manual Delivery'), or by facsimile or electronic mail (collectively, "Electronic Transmission"). 330 (7) The sending of a signed acceptance of the Agreement Via Electronic Transmission from one party, or their licensee, to the other party, or their 331 licensee, shall have the same effect as Manual Delivery of the signed original. If the parties intend to use any other method for transmitting a 332 signed offer or acceptance of the Agreement (such as regular mail, certified mail, or overnight delivery), they should so specify at Section 14 333 (Additional Provisions) of this Sale Agreement. 334 (8) Time calculated in days after the date Buyer and Seller have signed and accepted this Agreement shall start on the first full business day after 335 the date they have signed and accepted it. 336 (9) This Agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. However, Buyer's rights 337 under this Agreement or in the Property are not assignable without prior written consent of Seller ' 338 (10) This Agreement may be signed in multiple legible counterparts with the same legal effect as if all parties signed the same document. 339 (11) Unless a different time Is specified in the Agreement, all deadlines for performance, however designated, that are measured in business or 340 calendar days, shall terminate as of 5:00 p.m. on the last day of that deadline, however designated. 341 25. APPROVED USES: THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT 342 PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS THAT, IN FARM OR FOREST 343 ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND THAT LIMIT LAWSUITS AGAINST FARMING OR 344 FOREST PRACTICES, AS DEFINED IN ORS 30.930, IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON 345 TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 346 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, 347 AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON 348 ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRATE CITY OR COUNTY PLANNING DEPARTMENT TO 349 VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 350 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO VERIFY THE EXISTENCE OF FIRE PROTECTION FOR 351 STRUCTURES AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING) PROPERTY OWNERS, IF ANY, UNDER ORS 195.300,195.301 352 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, 353 OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 354 26. IRC 1031 EXCHANGE: In the event Buyer or Seller elects to complete an IRC 1031 exchange in this transaction, the other party agrees to 355 cooperate with them, and the accommodator, if any, in a manner necessary to complete the exchange, so long as it will not delay the Close of 356 escrow or cause additional expense or liability to the cooperating party. Unless otherwise provided herein, this provision shall not become a 357 contingency to the Closing of this transaction. 358 27. LEVY OF ADDITIONAL PROPERTY TAXES: The Property: (check one) ❑X is ❑ is not specially assessed for property taxes (e.g., farm, forest 359 or other) in a way which may result in levy of additional taxes in the future. If it is specially assessed, Seller represents that the Property is current 360 as to Income or other conditions required to preserve its deferred tax status. If, as a result of Buyer's actions or the Closing of this transaction, the 361 Property either is disqualified from special use assessment or loses its deferred property tax status, unless otherwise specifically provided in this 362 Agreement, Buyer shall be responsible for and shall pay when due, any deferred and/or additional taxes and interest that may be levied against the os Ds 7/15/2016 1 08:00 P 7/2/2016 1 11:08 PDT W` Buyer Initial Date Seller Initi Is Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreeme t Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 06:56 1 Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE. AGREEMENT- Page 7 of 9 Produced with zipForrnZ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ~wmglgLogix.com Parts aad Rec - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep [a....cnws pIy.MFv 363 Property and shall hold Seller completely harmless therefrom. However, if as a result of Seller's actions prior to Closing, the Property either is 364 disqualified from its entitlement to special use assessment or loses its deferred property tax status, Buyer may, at Buyer's sole option, promptly 365 terminate this transaction and receive a refund of all deposits paid by Buyer in anticipation of Closing; or Close this transaction and hold Seller 366 responsible to pay into Escrow all deferred and/or additional taxes and interest that may be levied or recaptured against the Property and shall hold 367 Buyer completely harmless therefrom. The preceding shall not be construed to limit Buyer's or Seller's available remedies or damages arising from 368 a breach of this Section 27. 369 DISPUTE RESOLUTION 370 28. FILING OF CLAIMS: All claims, controversies and disputes between Seller, Buyer, Licensees, and/or Firms, arising under this Sale 371 Agreement, including those for rescission (hereinafter collectively referred to as "Claims"), shall be exclusively resolved in accordance with the 372 procedures set forth herein, which shall survive Closing or earlier termination of this transaction. All Claims shall be governed exclusively by 373 Oregon law, and venue shall be placed in the county where the real property is situated, Filing a Claim for arbitration shall be treated the same as 374 filing in court for purposes of meeting any applicable statutes of limitation or statute of ultimate repose, and for purposes of filing a lis pendens. BY 375 CONSENTING TO THE PROVISIONS HEREIN, BUYER AND SELLER ACKNOWLEDGE THAT THEY ARE GIVING UP THE CONSTITUTIONAL 376 RIGHT TO HAVE THE CLAIM TRIED BY A JUDGE OR JURY IN STATE OR FEDERAL COURT. 377 29.1 EXCLUSIONS: The following shall not constitute Claims: (1) Any proceeding to enforce or interpret a mortgage, trust deed, land sale contract 378 or recorded construction lien; (2) A forcible entry and detainer action (eviction); (3) If the matter is exclusively between REALTORS@ and is 379 otherwise required to be resolved under the Professional Standards Ethics and Arbitration provisions of the National Association of REALTORS®; 380 (4) if the matter relates to a commission or fee with a Licensee or Firm, and the written listing, service or fee agreement with Buyer or Seller 381 contains a mandatory mediation and/or arbitration provision; and (5) Filing in court for the issuance of provisional process described under the 382 Oregon Rules of Civil Procedure, provided, however, such filing shall not constitute a waiver of the right or duty to utilize the dispute resolution 383 procedures described herein for the adjudication of any Claims. 384 29.2 SMALL CLAIMS BETWEEN BUYER AND SELLER: All Claims between Buyer and Seller that are within the jurisdiction of the Small 385 Claims Court of the county in which the property is located, shall be brought and decided there, in lieu of mediation, arbitration or litigation in any 386 other forum. Notwithstanding ORS 46.455(3), neither Buyer nor Seller shall have a right to request a jury trial and so remove the matter from the 387 Small Claims Department of the Circuit Court. A judgment in Small Claims Court is final and binding and there is no right of appeal 388 29.3 MEDIATION AND ARBITRATION BETWEEN BUYER AND SELLER: If Buyer and/or Seller's Licensee is a member of the National 389 Association of REALTORS®, all Claims shall be submitted to mediation in accordance with the procedures of the Home Seller/Home Buyer 390 Dispute Resolution System of the National Association of REALTORS@ ("the System"). If a Licensee is not a member of the National Association 391 of REALTORS, or the System is not available through the Licensee's Realtor@ organization, then all Claims shall be submitted to mediation 392 through the program administered by Arbitration Service of Portland ("ASP"). All Claims that have not been resolved by mediation as described 393 herein shall be submitted to final and binding arbitration in accordance the then-existing rules of ASP. The prevailing party in any arbitration 394 between Buyer and Seller shall be entitled to recovery of all reasonable attorney fees, filing fees, costs, disbursements, and mediator and arbitrator 395 fees. Provided, however, a prevailing party shall not be entitled to any award of attorney fees unless it is first established to the satisfaction of the 396 arbitrator(s) (or judge, if applicable) that the prevailing party offered or agreed in writing to participate in mediation prior to, or promptly upon, the 397 filing for arbitration. 398 29.4 MEDIATION AND ARBITRATION INVOLVING LICENSEES/FIRMS: All Claims that include Licensees or Firms shall be resolved through 399 the arbitration process described in Section 29.3 above. However, participation in mediation by said Licensees or Firms shall be voluntarily and not 400 mandatory, and no attorney fees shall be awarded to either party in arbitration. If a Licensee or Firm is also a Buyer or Seller in this transaction, the 401 provisions of Sections 28-29 shall apply. 402 SIGNATURE INSTRUCTIONS 403 30. AGREEMENT TO PURCHASE: Buyer agrees to purchase the Property upon the terms and conditions set forth in this Agreement. 404 Buyer acknowledges receipt of a completely filled in copy of this Agreement, which Buyer has fully read and understands. Buyer 405 acknowledges that Buyer has not relied upon any oral or written statements, made by Seller or any Licensee that are not expressly 406 contained in this Agreement. Neither Seller nor any Licensee(s) warrant the square footage of any structure or the size of any land being 407 purchased. If square footage or land size is a material consideration, all structures and land should: be measured by Buyer prior to 408 signing, or should be made an express contingency In this Agreement. 409 Deed or contract shall be prepared in the name of to be supplied through escrow 410 This offer shall automatically expire on (insert date) July 7, 2016 at 5 ❑ a.m. ❑X p.m., (the "Offer Deadline"), if not 411 accepted by that time. Buyer may withdraw this offer before the Offer Deadline any time prior to Seller's transmission of signed acceptance. If 412 Seller accepts this offer after the Offer Deadline, it shall not be binding upon Buyer unless accepted by Buyer in writing within 2 business 413 days filled in) after the date of Seller's acceptance by so indicating at Section 31. hi pff r may be crept PDby Seller only in writing. 414 y 7 / 1 b I 08 T Bu er Date „ a.m. _ p.m. ` 415 Buyer Date _ a.m. -pm. ns oS 7/I5/2016 1 08:00 F 11212 08 PDT / bvl Date al Buyer Initial / Date Seller in€ 11 This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agree I Estl F rm L LINES WITH THIS SYMBOL F- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE /~5 016 06: 56 Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 8 of 9 Produced vrith zipForm4D by zipt_ogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 vAAV.&)Logix.com Parks and Rec - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265B70FB Sale Agreement # 061416ep 416 Address zip 417 Phone Fax E-mail 4:52 418 ff led to Seller for signature on the 9th day of July 2016 'at r°`s~d omitted to Seller for signature an the t day of J u Y 16 at ❑ a.m. ® P.M. 419 fyi- bd (Licensee(s) presenting offer). y >=a~ee+s 420 31. AGREEMENT TO SELL I ACKNOWLEDGEMENTS I DISPOSITION OF EARNEST MONEY: Seller accents Buyer's offer. Seller 421 acknowledges receipt of a completely filled-in copy of this Agreement, which Seller has fully read and understands. Seller 422 acknowledges that Seller has not relied upon any oral or written statements of Buyer or of any Licensee(s) that are not expressly 423 contained in this Agreement. Seller instructs that all earnest money distributable to Seller pursuant to Section 20, shall be disbursed as 424 follows after deduction of any title insurance and Escrow cancellation charges: (check one)1UI rstJoRjtjipr.Firm to the extent of the 425 agreed commission just as if the transaction had been Closed, with residue to Seller, X[] or 426 DocuSl ned b : _ 427 Seller t AY Lam) Date 7/15/2016 1 06:56 PDT a.m. ~ p.m. UocuSigned by: L46678F36175C477428 Sell r~x- Date 7/15 /2016 08:00 PDT a m _ p.m. F-- 465CC4F578E4452... 429 Address Zip 430 Phone Home Fax E-mail 431 32. REJECTION/COUNTER OFFER: SELECT ONE: []Seller does not accept the above offer, but makes the attached counter offer; 432 Seller rejects Buyer's offer. 433 Seller - Date _ a.m. _ p.m. F- 434 Seller Date - a.m. p.m. 4-- 435 Address Zip 436, Phone Home Fax E-mail 437 33. BUYER'S ACKNOWLEDGMENT: Buyer acknowledges receipt of a copy of Seller's written response to this Agreement. If Seller's response is 438 an acceptance of Buyer's offer that occurred after the Offer Deadline identified at Section 30, Buyer (select only one) []agrees does not agree, 439 to be bound thereby. (The failure to check either box shall constitute rejection of Seller's acceptance after the Offer Deadline.) If Buyer 440 checks the box agreeing to be bound by Seller's late acceptance occurring after the Offer Deadline, this Sale Agreement shall become binding on 441 all parties only when Buyer(s) has/have signed below pr d. transmitted it to Seller or Seller's Licensee. In such case after Buyer has completed this 442 Section Selling Licensee should promptly complete the "Date and Time of Acceptance" below and transmit to Seller Licensee 443 Buyer Date _ a.m. _ p.m. - 3 444 Buyer Date - a.m. _ p.m. E 445 If Buyer(s) haslhave checked the box and signed where indicated in this Section 33, agreeing to be bound by Seller's late acceptance of Buyer's 446 offer, Buyer or Buyer's Licensee must complete the information below and thereafter promptly transmit this completed Agreement to Seller or E 447 Seller's Licensee: l 448 Enter Date, Time, and Method of Transmission of Seller's Acceptance: - € 449 Enter Identity of Sender: 450 NO CHANGES OR ALTERATIONS ARE PERMITTED TO ANY PORTION OF THE PRE-PRINTED FORMAT OR TEXT OF THIS FORM ANY 451 SUCH PROPOSED CHANGES OR ALTERATIONS SHOULD BE MADE ON A SEPARATE DOCUMENT. CHANGES BY SELLER OR LISTING 452 LICENSEE TO THE TERMS OR PROVISIONS ABOVE BUYER'S SIGNATURE SHOULD ALSO BE ON A SEPARATE DOCUMENT. Ds DS 7/15/2016 10$:00 PI Buyer Initial ! Date :08 PDT Seller Init al - / Date This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreement with Arlon eal Estate Forms, LLC. LINES WITH THIS SYMBOL 4- REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE 7/15/2016 1 06:56 P[ Copyright Oregon Real Estate Forms, LLC 2004-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 008 VACANT LAND REAL ESTATE SALE AGREEMENT- Page 9 of 9 Produced with zlpFormt) by zipLogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 ,wow zipLogix.com Parks and rRec - DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A265670FB Q Sale Agreement # 061416ep 11 O o+a.-w.e U_ayin 11, 11 F.J- F-1, Ltc-. PROMISSORY NOTE FOR EARNEST MONEY 1 Buyer(s) City of Ashland 2 Seller(s) Harshman Family Trust 3 Property Address Map Taxlot 391E08DB200 & 391E08600 Ashland, OR 97520 4 Buyer(s): City of Ashland 5 jointly and severally promise to pay to: 6 Seller(s): Harshman Family Trust 7 the sum of $ 5,000.00 8 1) Upon redemption of this promissory note, funds'shall be made payable to (select only one): 9 ❑ Real Estate Firm Trust Account: 10 ❑ Seller(s): Harshman Family Trust 11 Escrow/ Title Company: First American Title 12 2) This Note is due and payable (select only one due date): 13 5 FRI business ❑ calendar (Select one) days after mutual acceptance of the Real Estate Sale Agreement; 14 D on or before 15 3) If this Note Is not paid when due, Buyer(s) shall pay interest at the rate of ten percent (10%) per annum on the unpaid balance from the 16 due date until it is paid in full. BUYER(S) UNDERSTAND(S) THAT TIME IS OF THE ESSENCE, AND THAT THE FAILURE TO PAY 17 THIS NOTE WHEN DUE, MAY CONSTITUTE A DEFAULT UNDER THE REAL ESTATE SALE AGREEMENT WITH SELLER. 18 4) This Note is hereby incorporated into and made a part of the Real Estate Sale Agreement between Seller(s) and Buyer(s). In the event of 19 any dispute between said parties, the mediation, arbitration and attorney fee provisions therein shall expressly apply. 20 5) If payment is not made on or before the due date, Buyer(s) understand that Principal Broker is instructed by Seller(s) to promptly assign 21 and transfer this Note to Seller(s), without recourse, and for all purposes, including collection. It is expressly understood and agreed that 22 neither Principal Broker nor Principal Broker's Firm, its owners, officers or directors, licensees, employees or representatives shall have 23 any duty (fiduciary or otherwise), responsibility or liability to Seller(s) to enforce collection of the Note, nor for any fees or costs associated 24 therewith. Deus' cab D Sd b: 10- y r L 7/15/2016 ( 06:S6 25 Buyer Date 7/2/2016 ~12:Ag1ep T AAV~ , M) fiVtkSfLJ, -Date " ~'a'fr~t~3fYtbnd ~~~,~tiy7Trust 26 Buyer Date Sell r e~Qey. ` Date 7/15/2016 08:00 465CC4F578E4452... 27 Selling Licensee Eric Poole Listing Licensee No Agency Representation 28 Selling Firm Full Circle Real Estate Listing Firm No Agency Representation i 3 This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. E LINES WITH THIS SYMBOL 4- REQUIRE A SIGNATURE AND DATE Copyright Oregon Real Estate Forms, LLC 2000-2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 060 Fadt Circle Real Estate, 240 E. Main Street Ashland, OR 47320 Phone: (541)182-6868 Fax: (541)482-6881 Parks and Rec - i I Eric Poole Produced with zipFormt by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 y-w1.2ipLogix,com i i 3 i i i t S ?t S DocuSign Envelope ID: 2C84CFGB-C1FB-426A-82F5-900A265B70FB a OREF KW u.nrsvn Ue._.., Rr.7 E.ieae.r~~,':ta, F.tA". ADDENDUM TO REAL ESTATE SALE AGREEMENT 1 This is an Addendum to: Real Estate Sale Agreement ❑ Seller's counter offer ❑ Buyer's counter offer 2 Re: Real Estate Sale Agreement No. 061416ep Dated June 14, 2016 Addendum No. A 3 Buyer: CItV of Ashland 4 Seller: Harshman Family Trust The real property described as: Map Taxlot 391 E08DB200 & 391 E08600, Ashland OR 97520 6 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT REFERENCED 7 ABOVE. 8 1) Inspection contingency described on lines 158-172 of the Sate Agreement to include Investigations with Jackson County City of 9 Ashland and any other inquiries or inspections Buyers deem necessary or appropriate Cancellation during this period is at the full 10 discretion of the Buyers with earnest money being fully refundable duri this period 11 12 2) Sale subject to Buyer, at Buyer's expense, having both tax lots surveyed. 13 i 14 3) Sale subject to Buyer's approval of Survey results within 7 business days of receipt of survey from the surveyor. 15 16 4) Sellers acknowledge that there is no agency representation from Full Circle Real Estate. 17 18 19 20 21 22 23 24 25 26 27 Date 7/2/2016 1208 PDT a.m. p.m. Buyer Signature 28 ~_016f,N90and 29 Buyer Signature Date _ a.m. ^ p.m. DocuSigned by: 30 Seller Signatures Date _ a.m. _ p.m. 7/15/2016 08:00 PDT 31 Seller Signatures Date a.m. -p.m. ~ j 7AMAArl i 32 r r Selling Licensee Eric Poole Listing Licensee No Agency Representation i This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. I( LINES WITH THIS SYMBOL,- REQUIRE A SIGNATURE AND DATE I Copyright Oregon Real Estate Forms, LLC 1998 - 2016 www.orefonfirle.com ;!!l No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 002 { Page 1 of 1 Pages i I i Full Circle Real Estate, 240 F. Amin Street Ashland, OR 97520 Phone: (541)482-6868 Fax: (541)482-6881 Paris ind Rec - Hitt Eric Poole Produced with zipForn* by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 anawix.com I DocuSign Envelope ID: 2C84CF6B-C1FB-426A-82F5-900A2651370FB av....e,u 11, o R E F ss ariv'. Vt . •a Pr...l F:!n+. Fu,m+, JXC ADDENDUM TO REAL ESTATE SALE AGREEMENT 1 This is an Addendum to: 0 Real Estate Sale Agreement ❑ Seller's Counter Offer []Buyer's Counter Offer 2 Re: Real Estate Sale Agreement No. 061416ep Dated June 14, 2016 Addendum No. B 3 Buyer: City of Ashland _ 4 Seller: Harshman Family Trust } 5 The real property described as: Map Taxlot 391E08DB200 & 391E08600, Ashland, OR 97520 6 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT REFERENCED 7 ABOVE. 8 Buyer agrees to extend the Offer Deadline, as described on tines 410-413 of the Sale Agreement to Tuesday (July 12 2016) at 5 pm 9 10 11 12 13 j 14 i 15 i 16 17 18 19 20 I 21 22 23 24 25 26 27 28 Buyer Signature k(,I,t.A.t.t, Q, 6A& Date 7/7/2016 07:28 PDT - a.m. _ p.m. 29 Buyer Signature Date _ a.m. ^ p.m.,(-- Docu fined by: i 30 Seller Signature V~Lt, KariLm) ms Date 7/15/2016 06:56 PDT a.m. p.m. t- Mar ~f~~4a;~54~st 31 Seller Signature. Date 7/15/2016 08:00 PDT a.m. p.m. f- 465CC0578E4452.. 32 Selling Licensee Eric Poole Listing Licensee No Agency Representation This form has been licensed for use solely by Eric Poole pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE AND DATE Copyright Oregon Real Estate Forms, LLC 1998 - 2016 www.orefoniine.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 002 Page 1 of 1 Pages Null Circle Real Estate, 240 E. Main Street Ashland, OR 97520 Phone: (541)482-6368 Fax: (541)482-6881 Parks and Rec - {lift Eric Poole Produced with zipFormD by zipLogix 18070 Fifteen Mile Road. Fraser, Michigan 48026 wyAm.zir,Loakoornnn DocuSign Envelope ID: 2C84CF6B-C1 FB-426A-82F5-900A265B70FB CM OREF ADDENDUM TO REAL ESTATE SALE AGREEMENT ❑ Real Estate Sale Agreement ❑ Seller's Counter offer Buyer's Counter Offer 1 This is an Addendum to: 2 Re: Real Estate Sale Agreement No. 061416ep Dated July 2, 2016 Addendum No. G 3 Buyer: City of Ashland 4 Seller: Bruce Harshman, Trustee of the Harshman Family Trust ("Harshman Family Trust") and Tri-W Group, an Oregon limited . 5 The real property described as: Ma Taxiot 391E08DB200 & 391E08600 Ashland OR 97520 6 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE AGREEMENT REFERENCED 7. ABOVE. 8 a Buyer, the Harshman Family Trust and Tri W acknowledge that Tri-W was inadvertently omitted as a Seller of the property in the Real 9 Estate Agreement referenced above* and 10 11 b Buyer and Seller agree that the Harshman Family Trust and Tri-W are the owners of the property, as tenants in common, each as to an 12 undivided one-half (1/2) interest and Buyer and Seller agree to be bound by this Real Estate Sales Agreement as amended by this 13 Addendum. 14 15 c Buyer agrees to extend the Offer Deadline, as described on lines 410-413 of the Sale Agreement and line 8 of Addendum B, to July 151 16 2016 at 5 m. 17 18 19 20 21 22 23 24 25 26 27 i 7/14/2016 18:15 PDT F- 28 Buyer Signature lA& Date -a.m. -p.m. City of Ashland ; 5a7325CF84724CE... 29 Buyer Signature Date _ a.m. _p.m. DocuSigned by: Date 7/15/2016 06:5b PDT a.m. _ p.m. 30 Seller Signature L - 46678436 flocuSigned by: 31 Seller Signature Date 7/15/2016 Q8:00 PDT a.m. - p.m. ,c-- Fr r 32 Selling Licensee Eric Poole Listing Licensee No Aqency Representation This form has been licensed for use solely.by Eric Poole pursuant to a Forms License Agreement with Oregon Real Estate Forms, LLC. LINES WITH THIS SYMBOL REQUIRE A SIGNATURE AND DATE Copyright Oregon Real Estate Farms, LLC 1998 - 2016 www.orefonline.com No portion may be reproduced without express permission of Oregon Real Estate Forms, LLC OREF 002 Page 1 of 1 Pages Tull Circle Real Fstale, 240 E. main Street Ashland, Olt 97520 Phone: (541)182-6868 Fax: (541)482.6881 Parks nid lice - Hitt Eric Poole Produced with zipForm(P) by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ,iw.zipLpoix.com CITY OF ASHLAND Council Communication August 2, 2016 Business Meeting Consideration of the of the sale of an access easement on Parks property at Nutley Street FROM: Michael A. Black, Director, Ashland Parks and Recreation Commission, michael.black@ashland.or.us SUMMARY Staff is requesting that the City Council affirm a decision of the Commissioners of Ashland Parks and Recreation to sell certain rights to parks property through an easement of approximately 280 SF for sole access to and for establishing permanent placement of the Barnthouse Bungalow, to maintain the historic value of the Structure as placed, and the construction, reconstruction, operation, maintenance, repair, replacement of a driveway and landscaping, and any utility needed by the Structure. BACKGROUND AND POLICY IMPLICATIONS: Staff was approached by Amy Gunter, a representative of the property owner at 114 Granite Street, with a request for an easement over parks property from the Nutley St. right-of-way to allow for a - vehicular access to the rear (east) of 114 ' Granite Street. The request is a result of a~ desire to move the existing home at 114 - All Granite Street to the rear of the lot to , function as an accessory dwelling unit. The existing home is a historic structure in the Skidmore Academy Historic District and ~ ~~aPER'Y,~ z T possesses the additional distinction of being , _1 the part time residence of Johnny Gruelle, the author of Raggedy Ann and Andy. e n"EASE rENT KEaUE5T I-2.5-2-G ICa EXISTING CONDITIONS Bounded on the west and east by Granite St. and Winburn Wy. at the cross-street of Nultey, a .75 acre piece of Lithia Park houses a parking lot for the Park, a seasonal ice rink and the chiller apparatus for the ice rink. Additionally, that property contains a small lawn area wrapping from Winburn Way around to Nutley. At the narrowest point, the grassy area is only 15' wide. Lithia Park, in its entirety, is recorded at 100 acres of land. PROPOSAL Page 1 of 3 ~r CITY OF ASHLAND The owner of 114 Granite St. has a desire to build a new larger residence on their r., -44 property. The historic home is currently located where the new structure will be sited, requiring demolition of the home or %A.°relocation. The owner has proposed their `7. ftc plan in a pre-app through planning and the Historic Commission. The owner has µ not been given approval for building the new home, or relocating the existing home, but they have begun the process of obtaining those approvals. v t v f The graphic to the right shows that the W > s' 4 new home would be located on the t Un"E: ME REWEST- - Go Granite St. frontage and the historic home would be moved to the rear of the home. It is our understanding the accessory dwelling would be used as a rental property and guest home for the primary residence. The easement will be required to enter the property by vehicles as per a Ashland City Code requirement. In addition, the owner is requesting that the easement allow utilities to run from Nutley St. to 114 Granite St. under the driveway. PROPOSED EASEMENT DESCRIPTION The request is for a vehicle and utility easement at the narrowest point of the APRC parks property. The dimensions of the requested easement are 15' by 17'. The owner of 114 Granite proposes that the easement be paved either with traditional nonporous paving materials or porous materials such as pavers, stones, honeycomb cell grass, etc. In order for the driveway to function correctly, the level of the existing ground would have to be elevated to match the street/sidewalk elevation and smoothed. APRC FINDINGS Staff has found that the easement will be necessary for the applicant to obtain permits to relocate the accessory structure at the rear of her lot if she chooses to build a new home in its place. The historic cottage at 114 Granite St. has some significant history and the owner is considering their options as they plan the new home. The owner has expressed interest in moving the historic home and has the area to do so at the rear of her property. The only issue is that she needs legal access from Nultey to allow for ingress and egress of traffic to the lower unit - this is a planning requirement. Since we own the property between 114 Granite and Nutley St., we are virtually her only option for access to the cottage at its new location. This should not be construed to think that with the approval of the Commission, the owner will be required to obtain entitlement through the City of Ashland. With due authority granted by the Commissioners, staff has negotiated with the applicant and we have agreed to the fee of $3,372.00 for the easement. A curb-cut is already present at the site where the easement is being requested and it appears that there has been vehicular access through/over parks property for some time. The access is largely unimproved and the drive path is currently a natural surface that appears to undulate greatly. The Page 2 of 3 ILVI CITY OF ASHLAND access appears to have been for gardening and moving debris and yard waste from the rear yard of 114 Granite St. COUNCIL/PARKS COMMISSION GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A. The sale of the easement will increase the revenues of APRC by $3,372.00 STAFF RECOMMENDATION AND REQUESTED ACTION: The Commissioners of APRC approved the proposed easement at their July 25, 2016, meeting. Staff requests that the City Council grant the authority to sell the easement to the adjacent property owner as detailed in the attached Right of Way and Easement Agreement. SUGGESTED MOTION: I move to approve the sale of an access easement on Nutley Street as detailed in the Right of Way and Easement Agreement document. ATTACHMENTS: Easement Page 3 of 3 ~r Return Document to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 RIGHT OF WAY EASEMENT AND AGREEMENT 1. Grant. Subject to all prior easements or encumbrances of record, City of Ashland, (the "Grantor"), owner of property described as a portion of 391 E:09 TL100 at the northwesterly corner of Winburn Way and Nutley Street (the "Property") hereby grants to, Mardi Mastain, her successors and assigns (the "Grantee"), a permanent, appurtenant and nonexclusive easement for a right of way 17 feet in width together with the right of access to the right of way from adjacent land of Grantor for all activities in connection with the purposes for which this easement has been granted. 2. Description. The location of the easement is along the general course(s) now located by Grantee on, over or under the surface of the Property, this easement more particularly described as an area seventeen (17.0) feet in width, more particularly described as follows: See Exhibit A, herein attached and incorporated, (the "Easement Area"). 3. True and Actual Consideration: $3,372.00, the sufficiency of which the Grantor deems sufficient. 4.. Purpose. This easement is solely for access to and for establishing permanent placement of the Barnthouse Bungalow, (the "Structure"), to maintain the historic value of the Structure as placed, and the construction, reconstruction, operation, maintenance, repair, replacement of a driveway and landscaping, and any utility needed by the Structure including but not limited to water, sewer, electricity, and communications, and whether they are above or underground, and all accessories and appurtenances thereto (hereafter referred to altogether as "Facilities") necessary or desirable to the Structure. Further purposes of this easement is the present and (without payment therefore) the future right of Grantee to keep the Easement Area and said adjacent lands clear of all brush, trees, timber, structures and other hazards which might endanger Grantee's Easement Area, Structure or Facilities or impede Grantee's activities to operate and maintain the Structure and Facilities. 5. Terms and Conditions. 5.1 Grantee is limited to strict adherence to the purpose of this Easement as set forth in Section 4 above. 5.2 Grantor shall have the right to use the area within the easement in any manner that does not reasonably interfere with Easement Area, Structure and Facilities within the easement area. 5.3 Grantee shall provide Grantor reasonable notice prior to performing work in the Easement Area. Pursuant to such work, Grantee shall: A. Fill any and all excavations as soon as practicable after opening; B. Dispose of all brush and debris; C. Replace in their former condition all improvements, trees, ornamental shrubs and crops, if practicable, as soon as possible after damage or destruction, but if not practicable then pay to Grantor the reasonable value thereof. D. Accepts all organizing, performance and financial responsibility for maintenance or repair of the Easement Area, Structure and Facilities on the easement. E. To pay Grantor for any and all damage that may arise from construction, reconstruction, operation, maintenance, repair, replacement, enlargement or removal of the Easement Area, Structure and/or Faciliities; Easement And Agreement Pagel o1`2 F. Will accept liability for all injuries to persons or property resulting from Grantee's or its duly appointed agents' performance of the stated purposes of this easement. Grantee agrees to indemnify Grantor and hold Grantor harmless against all claims, suits, costs, losses and expenses that may in any manner result from or arise out of the purpose and activities permitted under this easement. 6. Termination. This easement may be terminated at any time by mutual consent of the parties. This easement will be terminated upon abandonment, loss or change of any purpose of the Easement stated in Section 4, or after breach of any term or condition stated iin Section 5 by Grantee. "Loss or change of any purpose of the Easement" includes the removal of the structure, or any major or substantive change to the structure that would change its historic nature or designation. 7. Litigation costs. In case of suit, action or proceeding to enforce any rights or conditions of this easement or appeal from said suit, action or proceedings, it is mutually agreed that the losing party in such suit, action, proceeding or appeal shall pay the prevailing party therein a reasonable attorney's fee in such amount as set by the court hearing such suit, action, proceeding or appeal. IN WITNESS WHEREOF, the parties hereto have subscribed this instrument this day of June, 2016. GRANTOR: GRANTEE: CITY OF ASHLAND MARDI MASTAIN By By - Dave Kanner, City Administrator Mardi Mastain STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this day of June, 2016, Dave Kanner, and City Administrator for the City of Ashland, Oregon acknowledged the foregoing instrument to be his voluntary act and deed. Notary Public for Oregon My Commission Expires: STATE OF OREGON ) ) ss. County of Jackson ) Personally appeared before me this day of June, 2016, Mardi Mastain, and acknowledged the foregoing instrument to be her voluntary act and deed. Notary Public for Oregon My Commission Expires: Easement And Agreement Page 2 of 2 CITY of ASHLAND Council Communication August 2, 2016, Business Meeting 4th Quarterly Financial Report of the 2015-17 Biennium FROM: Lee Tuneberg, Administrative Services/Finance Director, tuneberl@ashland.or.us BACKGROUND AND POLICY IMPLICATIONS: Financial reports are intended to present information in formats consistent with the city-wide, department, fund and business activity presentations included in the annual comprehensive financial report. Quarterly reports are prepared by staff to keep Mayor and Council current on the financial conditions of the city. Presenting financial reports on a regular basis allows Council and top management to ask questions and for staff to highlight trends and anomalies and to make recommendations on necessary changes in a timely fashion. Unaudited, detailed balance sheets, revenues and expenditure reports are available for your review in the Administrative Service Department office should Council require any additional information. COUNCIL GOALS SUPPORTED: ORGANIZATION AND GOVERNANCE GOAL (2015-17) Provide high quality and effective delivery of the full spectrum of city service and governance in a transparent, accessible and fiscally responsible manner. FISCAL IMPLICATIONS: This report reflects operations to date on the biennial budget. This report covers the twelve months' of activities which is preliminary information for the first fiscal year (2015-2016) and half way through the biennium (2015-2017). Revenues and expenditures are close to projections and variances are reasonable. This report is being sent to the Citizen Budget Committee and may be the basis for questions and answers at its September meeting. If desired, Council can hold its questions until the committee meeting. The attachments include: A. Summary of Cash and Investments (focus is on the categorization of monies held) B. Statement of Revenues and Expenditures - City Wide (focus is on entity financial reporting) C. Schedule of Budgetary Compliance Per Resolutions 2015-19, amended by supplemental budgets and transfer of appropriations resolutions 2015-7, 2015-30, 2016-15 and 2016-16 (focus is on budget compliance as amended) D. Statements of Resources, Requirements and Changes in Fund Balance (focus is on fund financial statements presenting both budget compliance and results of operations) Page I of 3 ILAII CITY OF ASHLAND Highlights at the one-year mark: 1. "Total cash balances have improved $3.5 million between years. Most notable (more than a 10% variation) fund deviations are: • The Reserve Fund is down $29,814 but consistent with the budgeted decrease. • The Airport Fund is up $16,886. A master plan update is budgeted for FY 2017. • The Capital Improvements Fund increased $591,954. This balance includes a portion of the $870,000 from the Garfield Park financing that will be transferred to the Parks CIP Fund as needed. • The Debt Service Fund is up $87,491 as we set aside funds for future principle and interest payments. • Wastewater Fund has increased $1,278,243 in F&B tax proceeds and rate revenue set asides for coming capital improvements and debt service. • The Electric Fund is $355,991 ahead of the prior year reflecting increased conservation reimbursements from Bonneville Power. • The Telecommunications Fund is up $226,727 but a $209,000 debt payment has not been recorded for the fiscal year so that will reflected in the final fiscal year report. • The Central Services cash balance is down $213,444 but that is consistent with budgeted expenditures. • The $603,308 reduction in the Insurance Fund is per budgeted transfers. • Health Benefit claims remain high and its cash balance is consistent with the budget. • Parks and Recreation balances are up $1,080,024 for all three funds primarily reflecting unused restricted capital funds. Note that approximately $23.7 million or 68% of the total $34.7 million is restricted in use. 2. Total resources are $867,456 ahead of uses to date. This is down $4.1 million from the last quarter comparison, in part, reflecting continued uses of property taxes for operations beyond tax distributions for the last quarter (this is normal) and $2 million in increased capital expenditures with no added borrowing (this is expected). 3. Amendments to the budget for this quarter included a transfer of appropriations to address added monies owed to the Library District for property tax receipts and You Have Options revenues from the prior year and supplemental budgets to recognize additional revenues like grants for police and fire equipment, Firewise funding, federal reimbursement for firefighting support for Canyon Creek and to reclassify appropriations for better accounting of expenses in the Parks Capital Improvement Fund. 4. General Fund miscellaneous revenue is over budget but consistent with the prior year amount and is due to increased amounts (donations or allocations) for public art and fire department services. To date resources are behind expenses by $991,311 but that will improve significantly with tax accruals. The biennium budget anticipated $3.1 million more in expenses than resources. Unused Contingency will offset up to $675,570 of that amount. 5. Central Service Fund expenditures are higher than revenues but are consistent with budgeted projects such as technology and software purchases. No interfund loan has been necessary for the project. Page 2 of 3 RIA ~r CITY OF ASHLAND Additional information can be made available if so desired by Council. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends that Council accept the quarterly report. SUGGESTED MOTION: I move to accept the fourth quarterly financial report for BN 2015-2017. ATTACHMENTS: Financial Statements Page 3 of 3 P1411 ~r City of Ashland Summary of Cash and Investments 6/30/2016 Preliminary Closing Balance Balance Change From Fund 6/30/2016 Preliminary Closing June 30, 2015 FY 2015 General Fund $ 3,537,005 $ 3,471,922 $ 65,083 Community Block Grant Fund 5,703 427 5,276 Reserve Fund 166,464 196,278 (29,814) Street Fund 5,415,183 5,243,557 171,626 Airport Fund 113,592 96,706 16,886 Capital Improvements Fund 2,777,429 2,185,475 591,954 Debt Service Fund 943,036 855,545 87,491 Water Fund 4,973,092 4,625,443 347,649 Wastewater Fund 5,590,372 4,312,129 1,278,243 Electric Fund 1,675,903 1,319,912 355,991 Telecommunications Fund 424,633 197,906 226,727 Central Services Fund 952,068 1,165,512 (213,444) Insurance Services Fund 1,377,403 1,980,711 (603,308) Health Benefits Fund 531,669 747,970 (216,301) Equipment Fund 3,237,271 2,945,075 292,196 Cemetery Trust Fund 943,355 920,596 22,759 $ 32,664,178 $ 30,265,164 $ 2,399,014 Parks & Recreation Agency Fund 2,065,490 985,466 1,080,024 2,065,490 985,466 1,080,024 Total Cash Distribution $ 34,729,668 $ 31,250,629 $ 3,479,039 Manner of Investment General Banking Accounts $ 1,274,070 $ 1,970,921 $ (696,851) Local Government Inv. Pool 32,455,598 28,279,708 4,175,890 City Investments 1,000,000 1,000,000 - Total Cash and Investments $ 34,729,668 $ 31,250,629 $ 3,479,039 Dollar Distribution Cash Balance Distribution Trust $944,213 Central Services, Parks and Insurance and Recreation Funds Claims & Equipment Funds 6% SDC's Judgments 18% $6,760,284 $1,171,701 Unassigned 20% 3% $11,014,333 32% Food & Beverage TOT Tourism $984,963 599,108 3% 0% Library All Other (Generr Asset Forfeited Business Type Government) 0% 0% Funds 40% Debt Reserved Other Reserved 36 % $2, 534, 920 $11,190, 468 7% 32% 12 Jun FY16 Financial Report 1st Closing xlsx 1 7/25/2016 City of Ashland Statement of Revenues and Expenditures - City Wide Preliminary Closing as of 06/30,12016 (50% of biennium) Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 Resource Summary (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium Revenues Taxes $ 21,346,788 $ 45,305,5.'6 47.1% $ (23,958,788) $ 21,370,560 $ 42,178,084 Licenses and Permits 835,278 1,910,425 43.7% (1,075,147) 1,205,381 1,872,797 Intergovernmental Revenues 2,737,429 13,400,559 20.4% (10,663,130) 3,002,671 6,078,233 Charges for Services - Rate & Internal 54,366,439 109,705,598 49.6% (55,339,159) 50,171,703 97,941,318 Charges for Services - Misc. Service fees 1,789,054 2,980,05-2 60.0% (1,190,998) 1,454,768 2,922;427 System Development Charges 617,655 592,4'6 104.3% 25,239 642,210 1,134,394 Fines and Forfeitures 166,721 410,000 40.7% (243,279) 178,455 362,187 Assessment Payments 32,956 520,000 6.3% (487,044) 67,508 126,991 Interest on Investments 227,163 369,358 61.5% (142,195) 168,937 356,651 Miscellaneous Revenues 494,087 1,207,2'8 40.9% (713 191) 1,387,492 3,141,882 Total Revenues 82,613,569 176,401,262 46.8% (93,787,692) 79,649,684 156,114,964 Budgetary Resources: Other Financing Sources 870,000 26,935,724 3.2% (26,065,724) 858,959 1,838,589 Interfund Loans 690,544 2,571,200 26.9% (1,880,656) 1,014,795 1,684,795 Transfers In 1,2377496 2,456,240 50.4% (1,218,744) 556,515 1,897,442 Total Budgetary Resources 2,798,041 31,963,164 8.8% (29 165 123) 2,430,269 5,420,826 Total Resources 85,411,609 208,364,426 41.0% (122,952,815) 82,079,953 161,535,790 Requirements by Classification Personal Services 29,251,010 61,266,971 47.7% 32,015,961 27,959,652 55,146,073 Materials and Services 43,377,934 92,575,094 46.9% 49,197,160 40,466,732 80,154,005 Debt Service 4,317,450 10,632,044 40.6% 6,314,594 4,809,759 9,220,534 Total Operating Expenditures 76,946,394 164,474,109 46.8% 87,527,715 73,236,143 144,520,612 Capital Construction Capital Outlay 5,669,719 53,219,031 10.7% 47,549,312 6,229,684 14,464,960 Interfund Loans 690,544 2,571,200 269% 1,880,656 1,014,795 1,684,795 Transfers Out 1,237,496 2,456,240 50.4% 1,218,744 556,515 1,897,442 Contingencies (Original Budget $3,085,000) - 3,063,570 0.0% 3,063,570 - - Total Budgetary Requirements 1,928,040 8,091,010 23.8% 6,162,970 1,571,310 3,582,237 Total Requirements 84,544,153 225,784,150 37.4% 141,239,997 81,037,137 162,567,809 Excess (Deficiency) of Resources over Requirements 867,456 (17,419,724) 105.0% 18,287,180 1,042,816 (1,032,019) Working Capital Carryover 32,934,606 30,632,011 107.5% 2,302,595 33,965,626 33,966,626 Unappropriated Ending Fund Balance $ 33,802,062 $ 13,212,287 255.8% $ 20,589,775 $ 35,009,442 $ 32,934,606 12. Jun FY16 Financial Report 1st Closing.xlsx 2 712512016 City of Ashland Schedule of Budgetary Compliance Per Resolution 2015-19 Amended for Resolutions 2015-27, 2015-30,,2016-15 and 2016-16 Preliminary Closing as of 06/30/2016 (500,10 of biennium) Biennial to date actuals (12 Biennial Budget Percent Months) 2015-2017 Used Balance General Fund Administration $ 225,208 $ 645,639 34.9% $ 420,431 Administration - Library 56,587 56,587 100.0% - Administration - Tourism 62,914 315,901 19.9% 252,987 Administration - Municipal Court 479,163 1,056,830 45.3% 577,667 Administrative Services - Social Services Grants 131,113 267,933 48.9% 136,820 Administrative Services - Economic & Cultural Grants 741,608 1,695,033 43.8% 953,425 Administrative Services - Miscellaneous 64,905 269,000 24.1% 204,095 Administrative Services - Band 65,106 130,550 49.9% 65,444 Administrative Services - Parks 4,680,000 9,560,000 49.0% 4,880,000 Police Department 6,676,240 13,637,535 49.0% 6,961,295 Fire and Rescue Department 7,646,861 16,011,489 47.8% 8,364,628 Public Works - Cemetery Division 334,133 755,365 44.2% 421,232 Community Development - Planning Division 1,309,632 2,886,423 45.4% 1,576,791 Community Development - Building Division 724,593 1,459,230 49.7% 734,637 Interfund Loan - 66,000 0.0% 66,000 Transfers 293,080 518,570 56.5% 225,490 Contingency - 675,570 0.0% 675,570 Total General Fund 23,491,143 50,007,655 47.0% 26,516,512 Community Development Block Grant Fund Personal Services 32,510 65,420 49.7% 32,910 Materials and Services 129,630 374,378 34.6% 244,748 Total Community Development Grant Fund 162,140 439,798 36.9% 277,658 Reserve Fund Interfund Loan 365,544 850,000 43.0% 484,456 Total Reserve Fund 365,544 850,000 43.0% 484,456 Street Fund Public Works - Ground Maintenance 242,871 494,400 49.1% 251,529 Public Works - Street Operations 2,710,510 12,991,770 20.9% 10,281,260 Public Works - Street Operations Debt 123,954 246,710 50.2% 122,756 Public Works - Storm Water Operations 591,245 1,312,700 45.0% 721,455 Public Works - Storm Water Operations Debt 12,750 25,300 50.4% 12,550 Public Works - Transportation SDC's 1,438 2,956,854 0.0% 2,955,416 Contingency - 99,000 0.0% 99,000 Total Street Fund 3,682,768 18,126,734 20.3% 14,443,966 Airport Fund Materials and Services 61,064 460,943 13.2% 399,879 Capital Outlay 26,957 40,000 67.4% 13,043 Debt Service 38,536 77,072 50.0% 38,536 Contingency - 13,000 0.0% 13,000 Total Airport Fund 126,557 591,015 21.4% 464,458 12. Jun I'M Financial Report 1st Closing xlsx 725/2016 Schedule of Budgetary Compliance Per Resolution 2015-19 Amended for Resolutions 2015-27, 2015-30, 2016-15 and 2016-16 Preliminary Closing as of 06/30/2016 (50% of biennium) Biennial to date actuals (12 Biennial Budget Percent Months) 2015-2017 Used Balance Capital Improvements Fund Public Works - Facilities 918,983 2,820,650 32.6% 1,901,667 Administrative Services - Open Space (Parks) 1,481,271 3,707,182 40.0% 2,225,911 Transfers 38,981 277,370 14.1% 238,389 Contingency - 200,000 0.0% 200,000 Total Capital Improvements Fund 2,439,235 7,005,202 34.8% 4,565,967 Debt Service Fund Materials and Services - - N/A - Debt Service 1,806,110 4,270,200 42.3% 2,464,090 Total Debt Service Fund 1,806,110 4,270,200 42.3% 2,464,090 Water Fund Public Works - Conservation 248,929 696,025 35.8% 447,096 Public Works - Water Supply 1,787,058 2,557,935 69.9% 770,877 Public Works - Water Supply Debt 9,568 18,971 50.4% 9,404 Public Works - Water Distribution 2,878,020 9,595,707 30.0% 6,717,687 Public Works - Water Distribution Debt 250,649 502,133 49.9% 251,484 Public Works - Water Treatment 1,118,818 13,941,884 8.0% 12,823,066 Public Works - Water Treatment Debt 141,410 281,543 50.2% 140,133 Public Works - Improvement SDC's 16,989 3,170,335 0.5% 3,153,346 Public Works - Debt SDC's 215,420 361,658 59.6% 146,238 Transfer 250,000 500,000 50.0% 250,000 Contingency - 170,000 0.0% 170,000 Total Water Fund 6,916,860 33,213,203 20.8% 26,296,343 WasteWater Fund Public Works - Wastewater Collection 1,935,222 5,349,514 36.2% 3,414,292 Public Works - Wastewater Collection Debt 74,077 147,457 50.2% 73,380 Public Works - Wastewater Treatment 2,451,607 10,183,710 24.1% 7,732,103 Public Works - Wastewater Treatment Debt 1,622,297 3,237,300 50.1% 1,615,003 Public Works - Reimbursemetns SDC's 5,229 3,691,644 0.1% 3,686,415 Public Works - Improvements SDC's 6,386 - N/A (6,386) Debt Service - - N/A - Contingency - 192,000 0.0% 192,000 Total Wastewater Fund 6,094,818 22,801,625 26.7% 16,706,807 Electric Fund Administration - Conservation 745,366 1,420,030 52.5% 674,664 Electric - Supply 6,840,172 13,751,887 49.7% 6,911,715 Electric - Distribution 6,440,858 14,041,211 45.9% 7,600,353 Electric - Transmission 909,289 2,225,945 40.8% 1,316,656 Debt Service 23,479 46,688 50.3% 23,209 Contingency - 279,000 0.0% 279,000 Total Electric Fund 14,959,164 31,764,761 47.1% 16,805,597 12. Jun FYt6 Financial Report 1st Closing.xlsx 4 72612016 Schedule of Budgetary Compliance Per Resolution 2015-19 Amended for Resolutions 2015-27, 2015-30, 2016-15 and 2016-16 Preliminary Closing as of 06/30/2016 (50% of biennium) Biennial to date actuals (12 Biennial Budget Percent Months) 2015-2017 Used Balance Telecommunications Fund IT - Personal Services 643,747 1,343,230 47.9% 699,483 IT - Materials & Services 874,434 2,028,504 43.1% 1,154,070 IT - Capital Outlay 190,204 250,000 76.1% 59,796 Debt - To Debt Service Fund 209,000 818,000 25.6% 609,000 Contingency - 250,000 0.0% 250,000 Total - Telecommunications Fund 1,917,385 4,689,734 40.9% 2,772,349 " Note; In M & S appropriation Central Services Fund Administration Department 1,632,879 3,314,520 49.3% 1,681,641 Information Technology - Info Services Division 1,371,746 2,907,638 47.2% 1,535,892 Administrative Services Department 2,368,345 4,867,097 48.7% 2,498,752 City Recorder 479,856 912,590 52.6% 432,734 Public Works - Administration and Engineering 1,598,066 3,621,822 44.1% 2,023,756 Contingency _ - 125,000 0.0% 125,000 Total Central Services Fund 7,450,892 15,748,667 47.3% 8,297,775 Insurance Services Fund Personal Services 98,329 204,960 48.0% 106,631 Materials and Services 706,405 1,814,790 38.9% 1,108,385 Transfers 569,500 1,069,500 53.2% 500,000 Contingency - 390,000 0.0% 390,000 Total Insurance Services Fund 1,374,234 3,479,250 39.5% 2,105,016 Health Benefits Fund Materials and Services 5,026,870 9,580,000 52.5% 4,553,130 Interfund Loan 325,000 650,000 50.0% 325,000 Contingency - 500,000 0.0% 500,000 Total Health Benefits Fund 5,351,870 10,730,000 49.9% 5,378,130 Equipment Fund Public Works - Maintenance 1,293,745 2,961,860 43.7% 1,668,115 Public Works - Purchasing and Acquisition 644,818 1,330,500 48.5% 685,682 Interfund Loan - 965,200 0.0% 965,200 Contingency 70,000 0.0% 70,000 Total Equipment Fund 1,938,563 5,327,560 36.4% 3,388,997 Cemetery Trust Fund Transfers 5,935 10,800 55.0% 4,865 Total Cemetery Trust Fund 5,935 10,800 55.0% 4,865 12. Jun FY16 Financial Report 1 st Closing.xlsx 7125/2016 Schedule of Budgetary Compliance Per Resolution 2015-19 Amended for Resolutions 2015-27, 2015-30, 2016-15 and 2016-16 Preliminary Closing as of 06/30/2016 (50% of biennium) Biennial to date actuals (12 Biennial Budget Percent Months) 2015-2017 Used Balance Parks and Recreation Fund Parks Division 3,885,430 8,127,847 47.8% 4,242,417 Recreation Division 1,404,422 2,828,630 49.7% 1,424,208 Golf Division 543,076 1,104,650 49.2% 561,574 Transfers 80,000 80,000 100.0% - Contingency - 100,000 0.0% 100,000 Total Parks and Recreation Fund 5,912,927 12,241,127 48.3% 6,328,200 Parks Capital Improvement Fund Personal Services 64,041 189,930 33.7% 125,889 Materials and Services 10,335 85,052 12.2% 74,717 Capital Outlay 243,675 3,732,837 6.5% 3,489,163 Total Parks Capital Improvement Fund 318,051 4,007,819 7.9% 3,689,768 Parks Equipment Fund Capital Outlay 229,958 439,000 52.4% 209,042 Interfund Loan - 40,000 0.0% 40,000 Total Parks Equipment Fund 229,958 479,000 48.0% 249,042 Total Appropriations $ 84,544,153 $ 225,784,150 37.4% $ 141,239,997 12. Jun FY16 Financial Report 1st Closing xlsx 72512016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/3012016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 110 General Fund Taxes $ 18,568,345 $ 38,746,9430 47.9% $ (20,178,645) $ 18,128,150 $ 35,933,208 Licenses and Permits 835,278 1,910,425 43.7% (1,075,147) 1,205,381 1,872,797 Intergovernmental 885,688 1,684,373 52.6% (798,685) 670,215 1,373.375 Charges for Services 1,630,125 3,331,350 48.9% (1,701,225) 1,657,277 3,148,841 Fines 166,721 410,000 40.7% (243,279) 178,455 362,187 Interest on Investments 29,834 60,000 49.7% (30,166) 20,600 47,932 Miscellaneous 127,905 79,600 160.7% 48,305 76,170 157,037 Interfund Loan (Equipment Fund) - 126,200 0.0% (126,200) - - Transfer in (Water Fund) 250,000 500,000 50.0% (250,000) - 100,000 Transfer In (Cemetery Fund) 5,935 10,800 55.0% (4,865) 4,610 9,139 Total Revenues and Other Sources 22,499,830 46,859,738 48.0% (24,359,908) 21,940,858 43,004,516 Administration 225,208 645,639 34.9% 420,431 222,809 357,888 Administration - Library 56,587 56,587 100.0% - 99,926 487,988 Administration - Tourism 62,914 315,01 19.9% 252,987 35,115 47,467 Administration - Municipal Court 479,163 1,056,830 45.3% 577,667 466,221 964,592 Administrative Services - Social Services Grants 131,113 267,533 48.9% 136,821 123,972 254,205 Administrative Services - Economic & Cultural Grants 741,608 1,695,03 43.8% 953,425 661,739 1,304,744 Administrative Services - Miscellaneous 64,905 269,000 24.1% 204,095 105,139 185,715 Administrative Services - Band 65,106 130,550 49.9% 65,444 58,062 114,017 Administrative Services - Parks 4,680,000 9,560,000 49.0% 4,880,000 4,896,167 8,856,000 Police Department 6,676,240 13,637,535 49.0% 6,961,295 6,241,292 12,316,387 Fire and Rescue Department 7,646,861 16,011,489 47.8% 8,364,628 6,620,887 13,149,854 Public Works - Cemetery Division 334,133 755,'365 44.2% 421,232 344,059 663,518 Community Development- Planning Division 1,309,632 2,886,423 45.4% 1,576,791 1,303,545 2,547,191 Community Development- Building Division 724,593 1,459,230 49.7% 734,637 666,146 1,327,542 Interfund Loan - 66,000 0.0% 66,000 - - Transfers Out (Debt Service & Cemetery) 293,080 518,570 56.5% 225,490 192,324 192,824 Contingency - 675,570 0.0% 675,570 - - Total Expenditures and Other Uses 23,491,141 50,007,655 47.0% 26,516,514 22 040,403 42,769,932 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (991,311) (3,147,917) 68.5% 2,156,606 (99,545) 234,584 Fund Balance, Jul 1, 2015 3,620,263 3,400,277 106.5% 219,986 3,385,679 3:385,679 Fund Balance, Jun 30, 2016 $ 2,628,952 $ 252,330 1041.7% $ 2,376.592 $ 3,286,135 $ 3,620,263 Reconciliation of Fund Balance: Restricted and Committed Funds 737,988 Unassigned Fund Balance $ 1,890,964 12. Jun FYt6 Financial Report 1st Cbsing xlsx '7 7/25/2016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 250 Community Development Block Fund Intergovernmental $ 160,118 $ 439,798 36.4% $ (279,680) $ 82,318 S 335,060 Total Revenues and Other Sources 160,118 439,798 36.4% (279,680) 82,318 335,060 Personal Services 32,510 65,420 49.7% 32,910 33,924 67,560 Materials and Services 129,630 374,378 34.6% 244,748 48,398 267,504 Total Expenditures and Other Uses 162,140 _ 439,798 36.9% 277,658 82,322 335,064 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (2,021) - N/A (2,021) (4) (4) Fund Balance, Jul 1, 2015 33,797 1 3379700.0% 33,796 33,801 33.801 Fund Balance, Jun 30, 2016 $ 31,776 $ 1 3177573.0% S 31,775 $ 33,797 S 33,797 Reconciliation of Fund Balance: Restricted and Committed Funds 31,776 Unassigned Fund Balance $ 12 Jan FY 16 Financial Report 1st Closing xlsx $ 7/252016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 255 Reserve Fund Interest on Investments $ 10,730 $ 34,0G0 31.6% $ (23,270) $ 10,112 $ 16,699 Interfund Loan 325,000 650,M 50.0% (325,000) 250,000 250,000 Transfers In - - N/A - - Total Revenues and Other Sources 335,730 684,0,'10 49.1% (23,270) 260,112 266,699 Interfund Loan (Health Benefits Fund) 365,544 850,0:10 43.0% 484,456 400,000 900,000 Transfer out - N/A - - 190,000 Total Expenditures and Other Uses 365.544 85Q000 43.0% 484,456 400.000 1,090,000 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (29,814) (166,000) 82.0% 136,186 (139,888) (823,301) Fund Balance, Jul 1, 2015 196,279 204,580 95.9% (8,301) 1,019,580 1,019,580 Fund Balance, Jun 30, 2016 $ 166,465 $ 38,580 431.5% _L __L27 885 $ 879,692 $ 196,279 Reconciliation of Fund Balance: Restricted and Committed Funds 166,465 Unassigned Fund Balance $ 0 12 Jun FY 16 Financial Report l st Closing xlsx 9 7/2520 16 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 260 Street Fund Taxes $ 46,987 $ 96,700 48.6% S (49,713) $ 57,888 $ 115,161 Intergovernmental 1,307,744 7,422,136 17.6% (6,114,392) 1,181,188 2,347,988 Charges for Services - Rates 2,131,137 4,219,700 50.5% (2,088,563) 2,069,132 4,038,568 Charges for Services - Misc. Service Fees 24,945 - N/A 24,945 26,987 57,612 System Development Charges 183,380 133,000 137.9% 50,380 151,908 245,552 Assessments 32,956 120,000 27.5% (87,044) 67,508 126,991 Interest on Investments 33,135 48,000 69.0% (14,865) 2,5,211 48,418 Miscellaneous 77,727 100,000 77.7% (22,273) 123,214 356,423 Other Financing Sources - 3306,854 0.0% (3,306,854) - - Total Revenues and Other Sources 3,838,011 15,446,390 24.8% (11,608,379) 3,703,036 7,336,713 Public Works - Ground Maintenance 242,871 494,4C4 49.11/10 251,529 198,098 - Public Works - Street Operations 2,834,464 12,991,770 21.8% 10,157,306 2,245,421 5,036,308 Public Works - Street Operations Debt - 246,710 0.0% 246,710 125,154 237,823 Public Works - Storm Water Operations 591,245 1,312,700 45.0% 721,455 523,575 1,079,458 Public Works - Storm Water Operations Debt 12,750 25,304 50.4% 12,550 12,950 26,317 Public Works - Transportation SDC's 1,438 2,956,8x4 0.0% 2,955,416 54,604 91,028 Public Works - Storm Water SDC's - N/A - 2,626 4,670 Public Works - Local Improvement Districts N/A - - - Contingency - 99,0110 0.0% 99,000 - - Total Expenditures and Other Uses 3,682,768 18,126,734 20.3% 14,443,966 3162.428 6,475,604 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 155,243 (2,680,34) 105.8% 2,835,587 540,608 861,109 Fund Balance, Jul 1, 2015 5,278,231 4,702,624 112.2% 575,607 4.417122 4,417,122 Fund Balance, Jun 30, 2016 S 5,433,474 $ 2,022.280 268.7% $ 3 411 194 $ 4 957 731 $ 5,278.231 Reconciliation of Fund Balance: Restricted and Committed Funds 5,433,474 Unassigned Fund Balance $ (0) 12 Jun FY 16 Financial Report lst Closing xlsx 10 7/25216 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6130/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 280 Airport Fund Charges for Services - Rates $ 115,483 $ 276,000 41.8% $ (160,517) $ 139,499 $ 274,192 Interest on Investments 790 500 158.0% 290 461 953 Other Financing Sources - 270,000 0.0% (270,000) - - Interfund Loan - - N/A - - Total Revenues and Other Sources 116,272 546,5(;0 21.3% (430,228) 139,960 275,145 Materials and Services 61,064 460,943 13.2% 399,879 64,397 133,293 Capital Outlay 26,957 40,000 67.4% 13,043 - 44,962 Debt Service 38,536 77,0-1'2 50.0% 38,536 38,536 77,072 Interfund Loan - - N/A - - 19,000 Contingency 13,000 0.0% 13,000 - - Total Expenditures and Other Uses 126,556 591,015 21.4% 464,459 102,933 274,327 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (10,284) (44,515) 76.9% 34,231 37,028 818 Fund Balance, Jul 1, 2015 117,514 114,751 102.4% 2,763 116,696 116,696 Fund Balance, Jun 30, 2016 $ 107,230 $ 70,236 152.7% $ 36,994 $ 153,723 $ 117,514 Reconciliation of Fund Balance: Restricted and Committed Funds 107,230 Unassigned Fund Balance $ 0 12 Jun FY 16 Financial Report 1st Closing Al 11 7/252016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 410 Capital Improvements Fund Taxes $ 431,530 $ 1,093,400 39.5% $ (661,870) $ 520,148 $ 993,068 Intergovernmental 2,732 - NIA 2,732 520,240 520,240 Charges for Services - Internal 946;170 2,205,600 42.9% (1,259,430) 923,627 1,857,254 Charges for Services - Misc. Service Fees 4,000 - NIA 4,000 72,989 127,416 System Development Charges 49,372 129,4''6 38.2% (80,044) 48,898 97,839 Interest on Investments 15,712 22,600 69.5% (6,888) 10,487 21,667 Miscellaneous 359 22,100 1.6% (21,741) 4,433 47,712 Other Financing Sources 870,000 3,050,045 28.5% (2,180,045) - - Transfer In (Insurance Fund) 100,000 100,000 100.0% - - Total Revenues and Other Sources 2,419,875 6,623,161 36.5% (4,203,286) 2,105,822 3,665,195 Public Works - Facilities 918,983 2,820,650 32.6% 1,901,667 1,150,317 2,109,209 Administrative Services - SDC (Parks) - - NIA - - - Administrative Services - Open Space (Parks) 1,481,271 3,707,182 40.0% 2,225,911 89,810 816,727 Transfers Out (Debt Service Fund) 38,981 277,370 14.1% 238,389 39,581 83,479 Interfund Loan (Equipment Fund) - - N/A - - 1,000 Contingency 200,000 0.0% 200,000 - - Total Expenditures and Other Uses 2,439,235 7,005,202 34.8% 4.365 967 1,279,708 3,010,415 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (19,360) (382,041) 94.9% 362,681 826,114 654,780 Fund Balance, Jul 1, 2015 2,749,486 1,918,994 143.3% 830,492 2,094,706 2,094,706 Fund Balance, Jun 30, 2016 $ 2,730,126 $ 1,536,953 177.6% $ 1,193,173 $ 2,920,820 $ 2,749,486 Reconciliation of Fund Balance: Restricted and Committed Funds 2,730,126 Unassigned Fund Balance $ (0) 12 Jun FY16 Fnanca] Report 1si Cloning xlsx 12 7/252011 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 530 Debt Services Taxes $ 501,897 $ 955,426 52.5% $ (453;529) $ 504,206 $ 1,019,824 Charges for Services - Internal 954,300 2,308,K0 41.3% (1,354,300) 1,154,300 2,308,600 Charges for Services - Misc. Service Fees 98,123 149,0:,6 65.8% (50,913) 3',946 132,076 Assessments - 400,000 0.0% (400,000) - - Interest on Investments 4,527 20,000 22.6% (15,473) 3,397 8,161 Miscellaneous - 58,604 0.0% (58,604) 6 6 Transfer In (General Fund & CIP) 331,561 473,940 70.0% (142,379) 231,405 275,303 Other Financing Sources - - N/A - - Total Revenues and Other Sources 1,890,409 4,365,606 43.3% (21475,197) 1,931,260 3,743,970 Materials and Services 800 - NIA - - 6,294 Debt Service 1,805,310 4,270,200 42.3% 2,464,890 1,864,395 3,661,939 Interfund Loan (Central Service Fund) - - N/A - 364,795 364,795 Total Expenditures and Other Uses 1,806,110 4,270,200 42.3% 2,464,890 2,229,190 4,033,028 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 84,299 95,406 88.4% (11,107) (297,930) (289,058) Fund Balance, Jul 1, 2015 861,560 753,9 l8 114.3% 107,612 1,150,618 1,150,618 Fund Balance, Jun 30, 2016 $ 945,859 $ 849,354 111.4% $ 96.505 $ 852,688 $ 861.560 Reconciliation of Fund Balance: Restricted and Committed Funds 945.859 Unassigned Fund Balance $ - 12 Jun FY1e Financial Report tst Clcsinrg xlsx 1 3 7/252016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 670 Water Fund Taxes $ 2 $ N/A $ 2 $ 28 $ 80 Intergovernmental 14,897 14,000 106.4% 897 70,473 160,220 Charges for Services - Rates 6,825,178 13,954,600 48.9% (7,129,422) 6,074,507 11,913,085 Charges for Services - Misc. Service Fees 112,473 - N/A 112,473 89,417 164,472 System Development Charges 277,247 200,000 138.6% 77,247 328,414 597,443 Interest on Investments 32,632 40,800 80.0% (8,168) 24,080 56,607 Miscellaneous 11,747 24,000 48.9% (12,253) 17,420 34,573 Other Financing Sources - 14,990,125 0.0% (14 990125) 744 916 1,724,546 Total Revenues and Other Sources 7,274,176 29,223,525 24.9% (21,949,349) 7,349,255 14,651,026 Public Works - Conservation 248,929 696,025 35.8% 447,096 258,842 442,021 Fire - Forest Lands - - N/A - 311,440 889,478 Public Works - Water Supply 1;787,058 2,557,935 69.9% 770,877 2,837,069 4,819,863 Public Works - Water Supply Debt 9,568 18,971 50.4% 9,404 22,174 44,787 Public Works - Water Distribution 2,878,020 9,595,7C7 30.0% 6,717,687 2,685,369 2,289,201 Public Works - Water Distribution Debt 250,649 502,133 49.9% 251,484 329,340 467,434 Public Works - Water Treatment 1,118,818 13,941,864 8.0% 12,823,066 1,212,593 5,364,675 Public Works - Water Treatment Debt 141,410 281,543 50.2% 140,133 232,114 662,801 Public Works - Improvement SDC's 197,966 3,170,335 6.2% 2,972,369 405,404 507,905 Public Works - Debt SDC's 34,443 361,658 9.5% 327,215 119,732 241,845 Debt Service - 1,417,012 0.0% 1,417,012 - - Interfund Loan - - N/A - 150,000 Transfers (General Fund) 250,000 500,000 50.0% 250,000 - Contingency - 170,000 0.0% 170,000 - - Total Expenditures and Other Uses 6,916,859 33,213,203 20.8% 26,296,344 8,414,077 15,880,009 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 357,317 (3,989,678) 109.0% 4,346,995 (1,064,822) (1,228,983) Fund Balance, Jul 1, 2015 5.208,593 6,061,702 85.9% (853109) 6,437,575 6,437,575 Fund Balance, Jun 30, 2016 $ 5,565,910 $ 2,072,024 268.6% $ 3,493.886 $ 5,372,756 $ 5,208,593 Reconciliation of Fund Balance: Restricted and Committed Funds 3,733,376 Unassigned Fund Balance $ 1,832,534 12 Jun FY16Financial ReFcr11s1Clcsingxlsx 14 7!252015 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 675 Wastewater Fund Taxes $ 1,726,118 $ 4,264,260 40.5% $ (2,538,142) $ 2,080,588 $ 3,972,266 Charges for Services - Rates 5,080,358 10,787,000 47.1% (5,706,642) 4,638,585 8,796,565 Charges for Services - Misc. Service Fees 13,250 - N/A 13,250 13,250 26,500 System Development Charges 107,655 130,000 82.8% (22,345) 112,990 193,560 Interest on Investments 34,765 30,000 115.9% 4,765 22,399 42,965 Miscellaneous 1,619 - N/A 1,619 1,532 6,037 Other Financing Sources - 5,318,700 0.0% (5,318,700) 114,043 114,043 Total Revenues and Other Sources 6,963,766 20,529,960 33.9% (13,566,194) 6,983,387 13,151,936 Public Works - Wastewater Collection 1,935,222 5,349,514 36.2% 3,414,292 1,944,891 3;854,489 Public Works - Wastewater Collection Debt 74,077 147,457 50.2% 73,380 74,777 151,071 Public Works - Wastewater Treatment 2,451,607 10,183,710 24.1% 7,732,103 2,474,920 4,980,940 Public Works - Wastewater Treatment Debt 1,622;297 3,237,300 50.1% 1,615,003 1,623,746 3,253,029 Public Works - Reimbursements SDC's 5,229 3,691,644 0.1% 3,686,415 20.331 20,331 Public Works - Improvements SDC's 6,386 - NIA (6,386) 20,766 87,507 Debt Service - - N/A - - - Contingency 192,000 0.0% 192,000 - - Total Expenditures and Other Uses 6,094,819 22,801,625 26.7% 16,706,806 6,159,431 12,347,367 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 868,947 (2,271,6E5) 138.3% 3,140,612 823,956 804,569 Fund Balance, Jul 1, 2015 5,095,343 4,464,697 114.1% 630,646 4,290,774 4,290,774 Fund Balance, Jun 30, 2016 S 5,964,290 S 2,193,0?2 272.0% S 3 771 258 S 5114731 $ 5.095.343 Reconciliation of Fund Balance: Restricted and Committed Funds 2,764,665 Unassigned Fund Balance $ 3,199,625 12 Jun FY16 Finanaal Repo 11st Closing Asx 1 rJ 7/25201"0 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/3012016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 690 Electric Fund Intergovernmental $ 366,251 $ 323,000 113.4% $ 43,251 $ 157,698 $ 335,700 Charges for Services - Rates 14,401,733 29,539,358 48.8% (15,137,625) 13,674,062 27,210,985 Charges for Services - Misc. Service Fees 199,018 453,686 43.9% (254,668) 143,760 278,280 Interest on Investments 8,338 14,715 56.7% (6,378) ',542 15,714 Miscellaneous 99,394 322,974 30.8% (223 580) 141,287 288,885 Total Revenues and Other Sources 15,074,733 30,653,7'3 49.2% (15,579,000) 14,124,349 28,129,564 Administration - Conservation 745,366 1,420,030 52.5% 674,664 767,611 1,387,220 Electric - Supply 6,840,172 13,751,8b7 49.7% 6,911,715 6,299,591 12,831,515 Electric - Distribution 6,440 858 14,041,211 45.9% 7,600,353 6,242,870 12,558,899 Electric - Transmission 909,289 2,225,945 40.8% 1,316,656 934,468 1,876,536 Debt Service 23,479 46,6,18 50.3% 23,209 23,750 47,771 Contingency - 279,0:10 0.0% 279,000 - - Total Expenditures and Other Uses 14,959,164 31,764,761 47.1% 16,805,597 14,268,290 28,701,941 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 115,569 (1,111,028) 110.4% 1,226,597 (143,941) (572,377) Fund Balance, Jul 1, 2015 1,755,163 1,479,265 118.7% 275,898 2.327 540 2,327,540 Fund Balance, Jun 30, 2016 $ 1,870,732 $ 368,237 508.0% $ 1,502,495 $ 2183 599 $ 1,755,163 Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance $ 1,870,732 12 dun FY 16 Financial Report I st closing xlsx 16 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 691 Telecommunications Fund Charges for Services - Rates $ 2,010,444 S 4,363,565 46.1% $ (2,353,121) $ 1,960,462 $ 3,889,563 Interest on Investments 1,344 1,943 69.2% (599) 1,000 2,257 Miscellaneous 696 - N/A 696 458 4,750 Interfund Loan 165,544 400,0,'10 41.4% (234 456) - - Total Revenues and Other Sources 2,178,028 4,765,5, 8 45.7/0 (2,587,480) 1,961,920 3,896,570 Personal Services 643,747 1,343,2;0 47.9% 699,483 651,252 1,299,335 Materials & Services 874,434 2,028,504 43.1% 1,154,070 882,505 1,764,465 Capital Outlay 190,204 250,000 76.1% 59,796 194,102 297,337 Debt- Transfer to Debt Service Fund 209,000 818,000 25.6% 609,000 409,000 818,000 Contingency - 250,000 0.0% 250,000 - - Total Expenditures and Other Uses 1,917,385 4,689,7;;4 40.9% 2,772,349 2,1313,859 4,179,137 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 260,643 75,714 344.0% 184,869 (174,939) (282,567) Fund Balance, Jul 1, 2015 305,058 251,528 121.3% 53,530 587,625 587,625 Fund Balance, Jun 30, 2016 S 565,701 S 327,302 172.8% $ 238,399 S 412,686 S 305,058 Reconciliation of Fund Balance: Restricted and Committed Funds 200,000 Unassigned Fund Balance $ 365,701 12 Jun FY16 Financial Report 1st Closing xlsx 1 7 71252010 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 710 Central Service Fund Taxes $ 71,909 $ 148,800 48.3% $ (76,891) $ 79,552 $ 144,476 Intergovernmental - - N/A Charges for Services - Internal 6,351,183 13,068,435 48.6% (6,717,252) 6,071,280 12,037,871 Charges for Services - Misc. Service Fees 238,149 572,330 41.6% (334,181) 193,780 365,186 Interest on Investments 8,483 10,000 84.8% (1,517) 8,125 21,344 Miscellaneous 117,416 250,000 47.0% (132,584) 111,849 219,539 Interfund Loan (Equipment Fund) - 400,000 0.0% 400,000 364,795 364,795 Transfer in (Insurance Fund) 417,000 417,000 100.0% - - 90,000 Total Revenues and Other Sources 7,204,140 14,866,565 485% (6,862,425) 6,823,381 13,243,212 Administration Department 1,632,879 3,314,520 49.3% 1,681,641 1,451,954 2,797,218 Information Technology - Info Services Division 1,371,746 2,907,638 47.2% 1,535,892 1,252,009 2,396,771 Administrative Services Department 2,368,345 4,867,097 48.7% 2,498,752 1,980,337 3,866,706 City Recorder Division 479,856 912,590 52.6% 432,734 453,223 868,755 Public Works - Administration and Engineering 1,598.066 3,621,822 44.1% 2,023,756 1,661,440 3,266,434 Intefund Loan - - N/A - - - Contingency 125,000 0.0% 125,000 - - Total Expenditures and Other Uses 7,450,892 15,748,667 47.3% 8,297,775 6,798,963 13,195,884 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (246,751) (882,102) 72.0% 635,351 30,418 47,327 Fund Balance, Jul 1, 2015 900,608 898,651 100.2% 1,957 853,281 853.281 Fund Balance, Jun 30, 2016 $ 653,857 $ 16.549 3951.0% S 637,308 $ 883,699 $ 900,608 Reconciliation of Fund Balance: Restricted and Committed Funds 305,000 Unassigned Fund Balance S 348.857 1 12 Jun FY 1o Financial Report lot Closing xlsx 712512G16 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 720 Insurance Service Fund Charges for Services - Internal $ 735,580 $ 1,560,000 47.2% $ (824,420) $ 729,322 $ 1,480,865 Interest on Investments 7,884 13,000 60.6% (5,116) 10,090 16,485 Miscellaneous 36,189 80,000 45.2% (43811) 844,807 1,574,390 Total Revenues and Other Sources 779,653 1,653,000 47.2% (873,347) 1,584,219 3,071,740 Personal Services 98,329 204,960 48.0% 106,631 90,948 179,228 Materials and Services 706,405 1,814,790 38.9% 1,108,385 811,710 1,475,087 Transfer Out (Muhtple 4 funds) 569,500 1,069,500 53.2% 500,000 500,000 500,000 Contingency - 390,000 0.0% 390,000 - - Total Expenditures and Other Uses 1,374,234 3,479,2=0 39.5% 2,105,016 1,402,658 2,154,315 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (594,581) (1,826,250) 67.4% 1,231,669 181,561 911,425 Fund Balance, Jul 1, 2015 1,766,283 1,962,858 90.0% (196 605) 848,858 848,858 Fund Balance, Jun 30, 2016 $ 1,171.702 $ 136,638 857.5% $ 1,035,064 $ 1,030,419 S 1.766,283 Reconciliation of Fund Balance: Restricted and Committed Funds 1,171,702 Unassigned Fund Balance $ 0 12 Jun FY 16 Financial Report 1st Closing xlsx 1 9 7/252016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/3012016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 725 Health Benefits Fund Charges for Services - Internal $ 4,829,923 $ 9,730,000 49.6% S (4,900,077) $ 4,073,530 $ 8,158,032 Interest on Investments 3,877 10,0"10 38.8% (6,123) 2,067 3,614 Miscellaneous - - N/A - 211,795 Interfund Loan (Reserve Fund) 200,000 450,0:10 44.4% (250,000) 400,000 900,000 Transfer In (Insurance Fund) - 500,000 0.0% (500 000) 500,000 500,000 Total Revenues and Other Sources 5,033,799 10,690,000 47.1% (5,656,201) 4,975,597 9,773,441 Materials and Services 5,026,870 9,580,000 52.5% 4,553,130 4,421,237 9,049,715 Interfund Loan 325,000 650,000 50.0% 325,000 250,000 250,000 Contingency - 500,000 0.0% 500,000 - - Total Expenditures and Other Uses 5,351,870 10,730,000 49.9% 5,378,130 4,671,237 9,299,715 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (318,071) (40,000) 795.2% (278,071) 304,360 473,726 Fund Balance, Jul 1, 2015 473,726 73,370 645.7% 400,356 - Fund Balance, Jun 30, 2016 $ 155,655 S 33,370 466.5% $ 122.285 $ 304,360 $ 473,726 Reconciliation of Fund Balance: Restricted and Committed Funds 155,655 Unassigned Fund Balance $ (0) 12 Jun FY 16 Financial Report lst Closing xlsx 20 7/252016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 730 Equipment Fund Charges for Services - Internal $ 1,954,330 $ 4,538,460 43.1% $ (2,584,130) $ 1,802,535 $ 3,606,929 Charges for Services - Misc. Service Fees 162,187 - NIA 162,187 19,163 44,919 Interest on Investments 19,476 35,000 55.6% (15,524) 13,799 31,805 Miscellaneous 11,349 170,000 6.7% (158,651) 48,841 170,026 Interfund Loan (Airport & Water Fund) - 106,000 0.0°10 (106 000) - 170,000 Total Revenues and Other Sources 2,147,343 4,849,460 44.3% (2,702,117) 1,869,339 4,023,679 Public Works - Maintenance 1,293,747 2,961,860 43.7% 1,668,113 1,044,188 2,084,345 Public Works - Purchasing and Acquisition 644,818 1,330,500 48.5% 685,682 423,458 2,359,891 Interfund Loan - 965,200 0.0% 965,200 - - Contingency 70,000 0.0% 70,000 - - Total Expenditures and Other Uses 1,938,565 _ 51327,560 36.4% 3,388,995 1,472,646 4,444,236 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 208,778 (478,100) 143.7% 686,878 396,693 (420,557) Fund Balance, Jul 1, 2015 2,937,106 2,446,704 120.0% 490 312 3,357,663 3,357,663 Fund Balance, Jun 30, 2016 S 3,145,884 S 1,968.694 159.8% $ 1177.190 S 3,754,355 $ 2,937.106 Reconciliation of Fund Balance: Restricted and Committed Funds 3,145,884 Unassigned Fund Balance $ (0) 12 Jun FY 16 Financial Report 1slClos,ngxlsx 21 7/25,20 16 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 810 Cemetery Fund Charges for Services - Rates $ 21,046 $ 50,000 42.1% $ (28,954) $ 2,5,740 $ 47,767 Interest on Investments 5,935 10,800 55.0% (4,865) 4,610 9,139 Miscellaneous - - N/A - (145) (145) Transfer In (General Fund) 500 1,00-0 50.0% (500) 500 1,000 Total Revenues and Other Sources 27,481 61,8G0 44.5% (34;319) 30,704 57,761 Transfers 5,935 10,81-10 55.0% 4,865 4,610 9,139 Total Expenditures and Other Uses 5,935 10,81^10 55.0% 4,865 4,610 9,139 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 21,546 51,0,10 42.2% (29,454) 26,094 48,622 Fund Balance, Jul 1, 2015 922,666 923,046 100.0% (380) 874,044 874,044 Fund Balance, Jun 30, 2016 $ 944,212 $ 974,06 96.9% $ (29834) S 900,140 $ 922,666 Reconciliation of Fund Balance: Restricted and Committed Funds 944,212 Unassigned Fund Balance $ (0) 12. Jun FY16 Financial Report 1st Clos,ng xlsx 22 725201ti City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 211 Parks and Recreation Fund Intergovernmental S - $ - N/A $ - $ 10,589 $ 10,589 Charges for Services - Internal 4,680,000 9,560,000 49.0% (4,880,000) 4,896,167 8,856,000 Charges for Services - Misc. Service Fees 936,909 1,805,000 51.9% (868,091) 872,476 1,725,966 Interest on Investments 3,522 14,000 25.2% (10,478) 3,694 9,535 Miscellaneous 9,686 100,000 9.7% (90,314) 12,551 47,413 Transfers In (General & Insurance Fund) 52,500 373,50) 14.1% (321,000) - Total Revenues and Other Sources 5,682,618 11,852,50) 47.9% (6,169,882) 5,795,477 10,649,503 Parks Division 3,885,430 8,127,847 47.8% 4,242,417 3,753,591 7,473,109 Recreation Division 1,404,422 2,828,630 49.7% 1,424,208 1,300,196 2,507,775 Golf Division 543,076 1,104,650 49.2% 561,574 501,458 1,026,426 Other Financing Uses - Transfers 80,000 80,000 100.0% - 320,000 922,000 Contingency - 100,000 0.0% 100,000 - - Total Expenditures and Other Uses 5,912,927 12,241,127 48.3% 6,328,200 5,875,245 11,929,310 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses (230,310) (388,627) 40.7% 158,317 (79,768) (1,279,807) Fund Balance, Jul 1, 2015 503,628 392,641 128.3% 110,987 1,783,435 1,783,435 Fund Balance, Jun 30, 2016 $ 273,318 $ 4,014 6809.1% $ 269,304 $ 1,703,667 S 503,628 Reconciliation of Fund Balance: Restricted and Committed Funds - Unassigned Fund Balance $ 273,318 12 Jun FYI6 Financial Report Ist Closing xlsx 23 71252016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6/30/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015.2017 Expended Balance Biennium to Date End of Biennium 411 Parks Capital Improvement Fund Charges for Services $ 13,137 $ 212,930 6.2% $ (199,793) $ 276,678 $ 316,201 Charges for Services - Internal 1,477,771 - N/A - - Intergovernmental - 3,517,252 0.0% (3,517,252) 309,950 995,061 Interest on Investments 5,928 4,000 148.2% 1,928 1,263 3,356 Miscellaneous - - N/A - 5,069 23,441 Transfer In (Park Fund) - - N/A 320,000 922,000 Total Revenues and Other Sources 1,496,836 3,734,182 40.1% (3,715,117) 912,960 2,260,059 Personal Services 64,041 189,930 33.7% 125,889 - - Materials and Services 10,335 85,052 12.2% 74,717 1,331 1,331 Capital Outlay 243,675 3,732,837 6.5% 3,489,163 1,034,809 2,437,058 Total Expenditures and Other Uses 318,051 4,007,819 7.9% 3,689,768 1,036,140 2,438,389 Excess(Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 1,178,785 (273,637) 530.8% 1,452,422 (123,180) (178,330) Fund Balance, Jul 1, 2015 209,302 582,254 35.9% (372 952) 387 632 387,632 Fund Balance, Jun 30, 2016 $ 1,388,087 $ 308,617 449.8% S 1,079,470 S 2K452 S 209.302 Reconciliation of Fund Balance: Restricted and Committed Funds 1,388,087 Unassigned Fund Balance $ 0 12 Jun FY 16 Fnanaal Report Ist Closing x,sx 24 7/25,2016 City of Ashland Statement of Resources, Requirements, and Changes in Fund Balance 6130/2016 Preliminary Closing Biennial Percent Biennial To Date Actuals Budget Collected 2013-2015 (12 Months) 2015-2017 Expended Balance Biennium to Date End of Biennium 731 Parks Equipment Fund Charges for Services - Internal $ 208,542 $ N/A $ 208,542 $ $ Interest on Investments 250 N/A 250 Interfund Loan - 439,000 0.0% - Transfer In (Park Fund) 80,000 80,000 100.0% - Total Revenues and Other Sources 288,792 519,000 55.6% 208,792 Capital Outlay 229,958 439,000 52.4% 209,042 Interfund Loan - 40,000 0.0% Total Expenditures and Other Uses 229,958 439,000 52.4% 209,042 Excess (Deficiency) of Revenues and Other Sources over Expenditures and Other Uses 58,834 80,000 73.5% (21,166) Fund Balance, Jul 1, 2015 - - 0.0% Fund Balance, Jun 30, 2016 $ 58.834 $ WON 73.5% $ (21 166) $ $ Reconciliation of Fund Balance: Restricted and Committed Funds 58,834 Unassigned Fund Balance $ 12 Jun FY 16 Financial Report 1st Closing xlsx Z~j 7050 16 CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting Approval of a public contract exceeding $100,000 for a heavy duty cab and chassis FROM Mike Morrison, Public Works Superintendent, michael.morrison(ashland.or.us Wes Hoadley, Fleet Safety Supervisor, wes.hoadleygashland.or.us SUMMARY The City's intent is to award a public contract to Tec Equipment, Inc. for a heavy duty cab and chassis at a cost of $110,724.42 to be delivered complete within 30 days after receipt of order. BACKGROUND AND POLICY IMPLICATIONS: The sourcing method used for this procurement is a competitive sealed bid (Invitation to Bid). Bids were received from three (3) bidders as follows: Bidder Amount Lead Time Tee Equipment, Inc. 51109724.42 30 Days ARO Pape Kenworth 114,899.00 120 Days ARO Pacific Truck Centers $132,503.00 120 Days ARO Section 2.50.070 Public Contracting Officer Authority A. Except as otherwise provided by this code, the Public Contracting Officer shall have authority to: 1. Purchase and contract for all materials, supplies, equipment, services and public improvements for which funds have been appropriated by the City Council and the contract price does not exceed $100,000; COUNCIL GOALS SUPPORTED: None FISCAL IMPLICATIONS: Public Street vehicle Amount Replacement Cost of Contracting scheduled for Vendor vehicle: replacement Sourcing Method replacement: budgeted: vehicle: Competitive Vehicle #0036, 2016 Heavy Duty Sealed Bid 1995 GMC $175,000.00 Tec Equipment, Cab & Chassis, $110,724.42 Inc. (Invitation to Bid) Dump Truck Vehicle #1027 Additional information: Sole Source Note: Unique rounded bottom dump bed (16 16 Foot Transfer foot transfer tub) is a required for safe Hassell $29,780.00 to Procurement (See operation of City's existing transfer trailer Fabrication, Inc. Ready Tub, $35,000.00 attached Form #5) also manufactured by Hassell Fabrication. Vehicle #1027 Page 1 of 2 CITY OF ASHLAND Total cost of Total amount $175,000.00 replacement $145,724.42 budgeted: vehicles: STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the public contract for one (1) heavy duty cab and chassis be awarded to Tee Equipment, Inc. SUGGESTED MOTION: The Council, acting as the Local Contract Review Board, moves to approve the public contract award for one (1) heavy duty cab and chassis to Tee Equipment, Inc. ATTACHMENTS: Form #5, Sole Source Written Findings and Hassell Fabrication Estimate #102-67 for 16 Foot Transfer Ready Tub (dump bed) to be manufactured and installed on new heavy duty cab and chassis the City intends to purchase from Tee Equipment, Inc. Page 2 -of ILAII CITY OF FORM #5 ASHLAND SOLE-SOURCE DETERMINATION AND WRITTEN FINDINGS GOODS AND SERVICES Less than $100,000 To: Mike Faught, Public Works Director From: Wes Hoadley, Fleet/Safety Supervisor Date: August 2, 2016 Re: Sole Source Determination and Written Findinjjs for Goods and 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: $29,780. 00 to $35, 000.00 Project name: 16 Foot Transfer Ready Tub (dump bed) Description of goods and services: 16 Foot transfer ready tub (dump bed) to be manufactured and installed by Hassell Fabrication on new heavy duty cab and chassis the City intends to purchase from Tec Equipment, Inc. pending council approval on August 2, 2016. Background: The City has budgeted for the replacement of Vehicle #0036, 1995 GMC Dump Truck. A competitive sealed bid (Invitation to Bid) was processed to procure the heavy duty cab and chassis from Tec Equipment, Inc. pending council approval on August 2, 2016 It is in the City's best interest to use a Sole Source Procurement to have the unique rounded dump bed (16 foot transfer tub) manufactured and installed on the heavy duty cab and chassis by Hassell Fabrication, Inc. to match and allow the use of the City's existing transfer trailer that was also manufactured by Hassell Fabrication. Hassell Fabrication, Inc. manufactured the unique rounded bottom transfer trailer. The transfer trailer has its own battery operated motor which moves the transfer trailer into the dump bed. The dump bed containing the transfer trailer then dumps the material out of the transfer trailer. The transfer trailer is a means to haul material only, it does not dump material. It is imperative that the transfer trailer be secured within the dump bed with appropriate hoofs for its safe operation when the transfer trailer is being lifted within the dump bed to dump material. Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 1 of 2, 712612016 Findings: The findings belotiv must include factual information supporting the deter°rninationl. Market Research Overall finding: [In accordance tiilith ORS 2798 075, these are the examples o~ findings that should be addressed. Select at least one of the rindings and Prepare the determination as it specifically relates to the goods or services being pr•ocur•ed More than one finding can be addressed. The findings are as ollo-VI's. Not applicable Pursuant to ORS 279B.075 (2)(a): Provide findings supporting your determination that the efficient utilization of existing goods requires the acquisition of compatible goods or services from only one source. Hassell Fabrication, Inc. manufactured the unique style rounded bottom transfer trailer and the transfer trailer requires the same style of dump bed (16 foot transfer tub) for its continued use and safe operation. Pursuant to ORS 279B.075 (2)(b): Provide findings supporting your determination that the goods or services required for the exchange of sofrivare or data with other public or private agencies are available from only one source. Not applicable Pursuant to ORS 279B.075 (2)(c): Provide findings supporting your determination that the goods or services are for use in a pilot or an experimental project. Not applicable 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. It is imperative that the City purchase the 16 foot rounded bottom transfer ready tub (dump bed) from the same manufacturer of the transfer trailer°for• the safe and contimred use of the transfer trailer. Form #5 - Sole Source -Goods and Services - Less than $100,000, Page 2 of 2, 7/2612016 HASSELL FABRICATION, INC. 300 Dead Indian Memorial Road Ashland, OR 97520 Date Estimate # 541-482-8730 1/29/2016 102-67 Name / Address CITY OF ASHLAND 20 E MAIN STREET ASHLAND OR 97520 Description Qty Cost Total 16 foot transfer ready tub, made to fit City of Ashland transfer trailer. includes two 18,455.00 18,455.00 compartment fender tool bores, full floor for anti-loader bashing, double side steps, high lift gate. Rebar side walk rails. 12 inch apron with side caster attachment points. HITCH PLATE 1/2 t-1 heavy construction, with premier 690L hitch 1,400.00 1,400.00 SUB FRAME 750.00 750.00 INSTALL DUMP BODY AND WET KIT, use factory installed pto. 3,500.00 3,500.00 spool valve for sander. Hoses, and in cab controls for sander operation. 3,225.00 3,225.00 PAINT: WHITE BODY, BLACK SUBFRAME AND HITCH PLATE 2,450.00 2,450.00 1 Total $29,780.00 Customer Signature CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting Adoption of an ordinance which amends the Citizen Participation and Involvement Chapter of the Ashland Comprehensive Plan to establish the Ashland Planning Commission as the Committee on Citizen Involvement. FROM: Brandon Goldman, Senior Planner, Community Development Department Brandon. Goldman@ashland.or.us SUMMARY This ordinance amends the Ashland Comprehensive Plan to remove references to Citizen Advisory Committee (CPAC), and to clarify that the Ashland Planning Commission is the designated Committee on Citizen Involvement (CCI) charged with enhancing citizen involvement in land use planning and evaluating the process being used for citizen involvement. BACKGROUND The Council passed an ordinance amending the Ashland Municipal Code Chapter 2 (Administration) on April 19, 2016. This recently approved ordinance (Ord#3124) repealed Chapter 2.27 of the Ashland Municipal Code and amended Chapter 2.12 of the Ashland Municipal Code for the purpose of designating the Planning Commission as the City's Committee for Citizen Involvement. State law (Senate Bill 100, adopted in 1973 and now codified in ORS 197) requires every city in Oregon to have a citizen involvement program for preparing, adopting and amending comprehensive plans and land use regulations. The law requires that the program include a citizen advisory committee that is "broadly representative of geographic areas and interests." This Oregon Statewide Planning citizen involvement Goal, is addressed in Chapter 3, Citizen Participation and Involvement, of the Ashland Comprehensive Plan. This chapter presently references the Citizen Planning Advisory Commission (CPAC) which was formally dissolved through adoption of the amendments to Chapter 2 of the municipal code. Therefore, in order to reflect the recent amendments to Chapter 2.12, and to remain compliant with State Law, the Citizen Participation and Involvement chapter of the Comprehensive Plan needs to be amended to provide consistency between the plan and the municipal code. When the Comprehensive plan element was initially drafted, and until 1992, the City utilized a Citizen Planning Advisory Committee (CPAC) to provide advice on plan amendments and land use policy development. The CPAC was comprised of 16 individuals from throughout the City. Since that time the City has created and utilized fifteen permanent commissions and committees with 109 active citizen members to provide opportunities for citizen involvement. Each of these commissions and committees meet monthly and regularly provide recommendations to the Planning Commission and City Council regarding policy changes effecting their areas of expertise. This system of citizen Page l of 3 ~r CITY OF ASHLAND commissions affords considerably more opportunities for public participation in Ashland planning and plan amendment processes than was previously afforded by a singular 16 member Citizen Public Advisory Committee. 2016 City Committees/Commissions # of Members 1. Airport 9 2. Audit 4 3. Band Board 7 4. Budget 7 5. Building Appeals 6 6. Conservation 9 7. Forest Lands 7 8. Historic 9 9. Housing & Human Services 9 10. Parks & Recreation 7 11. Planning 7 12. Public Arts 7 13. Transportation 7 14. Tree 7 15. Wildfire Mitigation 7 Total Citizen Commissioners and Committee Members: 109 The Planning Commission, as supported by the standing advisory commissions, committees, ad-hoc, and technical advisory committees will continue to provide opportunities for citizen engagement in the planning process as the newly designated CCI. Therefore, in order to reflect the recent amendments to Chapter 2.12, and to remain compliant with State Law, the Citizen Participation and Involvement chapter of the Comprehensive Plan needs to be amended to provide consistency between the plan and the adopted municipal code. COUNCIL GOALS SUPPORTED: Goal 2. Promote effective citizen communication and engagement FISCAL IMPLICATIONS: N/A. STAFF RECOMMENDATION AND REQUESTED ACTION: The Planning Commission held a public hearing on July 16, 2016, and recommend the City Council approve planning action 2016-00682 adopting the ordinance amending the Comprehensive Plan Citizen Involvement and Participation Element as presented. Staff recommends approval of First Reading of the ordinance amending the Comprehensive Plan Citizen Involvement and Participation Element as presented. Page 2 of 3 I ALL' CITY OF ^ASHLAND SUGGESTED MOTION: I move approval on first reading by title only of an ordinance amending the Comprehensive Plan Citizen Participation and Involvement Element to designate the Planning Commission as the Committee for Citizen Involvement and moving the ordinance to second reading. ATTACHMENTS: • Draft Ordinance amending the Comprehensive Plan Citizen Involvement and Participation Element • Planning Commission Staff Report (Planning Action PL-2016-00682) dated July 16, 2016. • Ordinance #3124 as approved Page 3 of 3 I. ~r ORDINANCE NO. AN ORDINANCE AMENDING THE CITIZEN PARTITION AND INVOLVEMENT CHAPTER OF THE ASHLAND COMPREHENSIVE PLAN TO ESTABLISH THE ASHLAND PLANNING COMMISSION AS THE COMMITTEE FOR CITIZEN INVOLVEMENT Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined thr-mtgh and additions are in bold underline. 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, the Ashland Comprehensive Plan contains policies regarding the citizen participation and involvement to ensure the opportunity for citizens to be involved in all phases of the planning process, and WHEREAS, Oregon land use law requires each city to have a Committee for Citizen Involvement that is responsible for evaluating and assessing citizen engagement in land use planning processes and making recommendations to the governing body regarding citizen engagement. WHEREAS, the Citizen Planning Advisory Committee (CPAC) has been inactive since 1992; and WHEREAS, in 1992, the City Council of the City of Ashland passed Resolution 92-25 which directed the Planning Director to prepare amendments to the Comprehensive plan to reorganize the Citizen Planning Advisory Committee to function more effectively; and WHEREAS, in 2016, 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 Ordinance #3124 repealing Chapter 2.27 and amending Chapter 2.12 of the Ashland Municipal Code to designate the Ashland Planning Commission as the Committee for Citizen Involvement in accordance with Article 10 of the Ashland City Charter; and Page 1 of 4 WHEREAS, the City of Ashland Planning Commission considered the recommended amendments to the Ashland Comprehensive Plan at a duly advertised public hearing on July 12, 2016 and following deliberations, recommended approval of the amendments by a vote of and WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the above-referenced amendments on ; 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. 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 Comprehensive Plan, Chapter IIl, [CITIZEN PARTICIPATION AND INVOLVEMENT] is hereby amended to read as follows: CHAPTER III CITIZEN PARTICIPATION AND INVOLVEMENT Initial Plan Formulation The City has made every attempt to involve as many people as possible in the planning process. During the initial drafting of this Plan document, four citizen advisory committees were established, each with a different area of concern. 1) Environmental Resources Committee: Areas of interest include subjects related to the environment (air, water pollution) and park, open space and recreation programs. 2) Economic and Manpower Resource Committee: Areas of interest include economic development, commercial and industrial land, and manpower programs. 3) Public Facilities Committee: Areas of interest include water, sewer, police, fire and transportation. 4) Housing and Social Services Committee: Areas of interest include housing, aging programs, health, and other social services. The committee memberships were established by selecting certain individuals with relevant skills, including SOU faculty members, and by advertising in the newspaper for volunteers. An attempt was made to give each committee a balanced membership with regard to income, age, sex and geographic area of residence. All meetings were advertised and open to the public and all attending were encouraged to take part in the discussion and policy formulations. Page 2 of 4 The committees met frequently, both separately and jointly, with an average attendance of 9 and 40 respectively. This represented approximately 1250 citizen hours of participation as of December 15, 1975. There was also a neighborhood involvement element in the Ashland Plan procedure. The City was divided into eight neighborhoods according to areas with similar problems. There were two neighborhood meetings to review the planning process and the Land Use Map. Attendance averaged about 30 for each meeting. Citizen's plannin e Advisory Committee on Citizen Involvement After the initial Plan draft, a permanent committee was formed to provide continuing citizen involvement-Thee Citizens' Planning Advisory Committee is appointed b she Ala y oir T4 eonsists of 16 per-sons who meet monthly On April 19, 2016, the City Council designated the Ashland Planning Commission as the Committee for Citizen Involvement. to revi This planning issues whielt involve LCDC and Coom.p. ehensi-ve Plan Coal items. They also committee provides direction and expertise in development of new ordinances and policies, and This eommittee assists the City Council with promotinlz and enhancinIz citizen involvement in land use plannin14, the implementation of the citizen involvement program, and evaluation of the process for citizen involvement shoulder the in the planning process. All maj or changes in Plan direction or implementation will be reviewed by the committee, and the committee will be responsible to assist in increasing communication between the City and the government decision-makers. GOAL: TO MAINTAIN A CITIZEN INVOLVEMENT PROGRAM THAT ENSURES THE OPPORTUNITY FOR CITIZENS TO BE INVOLVED IN ALL PHASES OF THE PLANNING PROCESS. POLICIES: 1) Continue existing Ashland Citizens' Planning Advisor-y Committee the Committee for Citizen Involvement Ashland Planning, 'Co-M.-A.Kission to assist the mi7d Ashland City Council on significant planning issues, implementing ordinances, and all LCDC and Comprehensive Plan goals. 2) Ensure, as much as possible, that the 4-6-7 member Citizen Planning A dviso Co mit Ashland Planning Commission, as the Committee for Citizen Involvement, represents a geographic, occupational and ideological cross-section of the citizenship of Ashland. All future selections to the Committ Ashland Planning Commission-should be with the ideal of representing a cross-section of Ashland's population. 3) Ensure in the future that all citizens are given the opportunity to contribute their views to planning issues through the public hearing process. 4) The City shall sponsor informal workshops during the development of significant elements of the Plan implementing ordinances, so that complex issues may be better understood by the public. 5) The City should develop education materials such as guidelines, handouts, etc. to Page 3 of 4 increase understanding of the City codes by the general public. When necessary, the City should sponsor seminars and classes to better inform the public. SECTION 3. The City of Ashland Comprehensive Plan, Chapter 11, [INTRODUCTIONS AND DEFINITIONS], SECTION 2.04.16, is hereby amended to read as follows: Plan Review 2.04.16 This plan will be reviewed for adequacy of its policies and timeliness of the supporting data every two years from the date of plan adoption. Revisions of the plan text or plan map shall be subject to the complete citizen involvement process including public workshops, CPAC Committee for Citizen Involvement (CCI) participation, Agency coordination, Planning Commission hearings and recommendations and Council action by ordinance. SECTION 4. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Comprehensive Plan and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1, 4-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of 12016. John Stromberg, Mayor Reviewed as to form: David Lohman, City Attorney Page 4 of 4 ASHLAND PLANNING DIVISION STAFF REPORT July 12, 2016 PLANNING ACTION: # PL-2016-00682 APPLICANT: City of Ashland ORDINANCE REFERENCES: Ashland Land Use Ordinance Chapter 18.5.9: Comprehensive Plan, Zoning, and Land Use Ordinance Amendments Ashland Comprehensive Plan Chapter 11: Introductions and Definitions Ashland Comprehensive Plan Chapter 111: Citizen Involvement and Participation REQUEST: A Legislative Amendment is proposed to amend the City of Ashland Comprehensive Plan's Introduction and Definitions Chapter (Chapter II), and Citizen Involvement Element (Chapter III), to designate the Planning Commission as the City's Committee for Citizen Involvement, and to replace references to the Citizen's Planning Advisory Committee with references to the Committee for Citizen Involvement. 1. Relevant Facts A. Background - The proposed amendments to the Citizen Involvement Element (Chapter III) of the Comprehensive Plan aim to better reflect the structure of citizen involvement within the community. The primary outcome of the proposed Comprehensive Plan amendment would be that the Ashland Planning Commission would be designated as the Committee for Citizen Involvement (CCI), and would be assigned the responsibilities of the CCI under Statewide Planning Goal I [Citizen Involvement]. The proposed amendments to the Introductions and Definitions Element (Chapter II) of the Comprehensive Plan replace the reference to the Citizen's Planning Advisory Committee (CPAC) with reference to the Committee for Citizen Involvement (CCI). State law (Senate Bill 100, adopted in 1973 and now codified in ORS 197) requires every city in Oregon to have a citizen involvement program for preparing, adopting and amending comprehensive plans and land use regulations. The law requires that the program include a citizen advisory committee that "broadly representative of geographic areas and interests." Planning Action PL- 2016-00682 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 1 of 4 This Oregon Statewide Planning citizen involvement goal, is addressed in Chapter III of the Ashland Comprehensive Plan [Citizen Participation and Involvement]. The Comprehensive Plan text presently references the Citizen Planning Advisory Commission (CPAC) which was formally dissolved through adoption of the amendments to Chapter 2 of the municipal code (Ord43124) which were passed by the City Council on April 19, 2016. This recently approved ordinance repealed Chapter 2.27 of the Ashland Municipal Code and amended Chapter 2.12 of the Ashland Municipal Code for the purpose of designating the Planning Commission as the City's Committee for Citizen Involvement. When the Comprehensive plan element was initially drafted, and until 1992, the City utilized a Citizen Planning Advisory Committee (CPAC) to advise on plan amendments and land use policy development. The CPAC was comprised of 16 individuals from throughout the City. Since that time the City has created and utilized fifteen permanent commissions and committees with 109 active citizen members to provide opportunities for citizen involvement. Each of these commissions and comi.nittees meet monthly and regularly provide recommendations to the Planning Commission and City Council regarding policy changes effecting their areas of expertise. This system of citizen commissions affords considerably more opportunities for public participation in Ashland planning and plan amendment processes than was previously afforded by a singular 16 member Citizen Public Advisory Committee. 2016 City Committees/Commissions # of Members I. Airport 9 2. Audit 4 3. Band Board 7 4. Budget 7 5. Building Appeals 6 6. Conservation 9 7. Forest Lands 7 8. Historic 9 9. Housing & Human Services 9 10. Parks & Recreation 7 11. Planning 7 12. Public Arts 7 13. Transportation 7 14. Tree 7 15. Wildfire Mitigation 7 Total Citizen Commissioners and Committee Members: 109 The Planning Commission, as supported by the standing advisory commissions and committees, will continue to provide opportunities for citizen engagement in the planning process as the newly designated CCI. Therefore, in order to reflect the recent amendments to Chapter 2.12, and to remain compliant with State Law, the Citizen Participation and Involvement chapter of the Comprehensive Plan needs to be amended to provide consistency between the plan and the adopted municipal code. Planning Action PL- 2016-00682 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 2 of 4 B. Ordinance Amendments The proposed ordinance (attached) amends Chapters II and III of the Comprehensive Plan to eliminate references to the "Citizen's Planning Advisory Committee" to newly include reference to the Ashland Planning Commission as the designated "Committee for Citizen Involvement". II. Procedural 18.5.9.020: Comprehensive Plan, Zoning, and Land Use Ordinance Amendments 18.5.9.020. Applicability and Review Procedure Applications for Plan Amendments and Zone Changes are as follows. B. Type Ill. It may be necessary from time to time to make legislative amendments in order to conform with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type 111 procedure applies to the creation, revision, or large-scale implementation of public policy requiring City Council approval and enactment of an ordinance, this includes adoption of regulations, zone changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth boundary amendments. The following planning actions shall be subject to the Type 111 procedure. 1. Zone changes or amendments to the Zoning Map or other official maps, except where minor amendments or corrections may be processed through the Type Il procedure pursuant to subsection 18.5.9.020.A, above. 2. Comprehensive Plan changes, including text and map changes or changes to other official maps. 3. Land Use Ordinance amendments. 4. Urban Growth Boundary amendments. Ill. Conclusions and Recommendations Staff recommends the Planning Commission forward a recommendation of approval to the City Council for the Ordinance amending Chapter III of the Ashland Comprehensive Plan to designate the Planning Commission as the Committee for Citizen Involvement. The Planning Commission's recommendation will be presented to the City Council at the public hearing and first reading of the draft ordinance scheduled on August 2, 2016 Potential Motion Move to recommend approval to the City Council an ordinance amending the Comprehensive Planning Action PL- 2016-00682 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 3 of 4 Plan as presented in the draft ordinance to designate the Planning Commission as the Committee for Citizen Involvement. Attachments- • Draft Ordinance amending the Introductions and Definitions section, and the Citizen Involvement and Participation Element, of the Comprehensive Plan (Planning Action PL-2016-00682) • Ordinance #3124 amending AMC Chapter 2.27 and 2.12 • Resolution 92-95 relating to the revisions to the Citizens Planning Advisory Committee. Planning Action PL- 2016-00682 Ashland Planning Division - Staff Report Applicant: City of Ashland Page 4 of 4 ORDINANCE NO.. 1 : AN ORDINANCE REPEALING AMC CHAPTER. 2.27 IN ITS ENTIRETY AND AMENDING CHAPTER 2.12 TO DESIGNATE THE PLANNING COMMISSION AS THE COMMITTEE FOR CITIZEN INVOLVEMENT Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined t#r-o and additions are bold underlined. WHEREAS, Article'.). Section I of the Ashland City Chatter provides: Powers of the Cite. The City shall have all powers which the constitutions, statutes and common law of the United States and this State expressly or impliedly grant or allow municipalities, as filly 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 Ashland Municipal Code, Chapter 2.27. creates and assigns certain citizen involvement duties to the Citizen Planning Advisory Committee (CPAC); and WHEREAS, the CPAC has been inactive since 1992; and WHEREAS, Oregon land use law requires each city to have a Committee for Citizen Involvement that is responsible for evaluating and assessing citizen engagement in land use planning processes and making recommendations to the governing body regarding citizen engagement. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.27, Citizen Involvement in Planning, is repealed in its entirety. SECTION 2. Chapter-2.] 2, City Planning Commission, is hereby amended as follows: 2.12.010 Established Membership There is established a City Planning commission consisting of seven (7 members.. to be appointed by the Mayor and confirmed by the City Council. to serve without compensation. not more than one (4) of whom may reside within three (3) miles outside the City limits. Appointments shall conform to the legal constraints of ORS 227.030. 2.12.060 Powers and Duties - Generally A. The Planning Commission is the appointed citizen body with the primary responsibility of providing recommendations to the Mayor and Citr° Council regarding the overall direction of land use planning. The Commission reviews and makes recormendations regarding comprehensive land use planning and fosters mutual communication on land use issues. The Ordinance No. Page l of 3 Commission is responsible to the City Council for making recommendations on land use plans and policies that are coordinated with other City plans, policies, and ftnactions. B. The Planning Commission shall have the powers and duties to: 1. Periodically revieNv the Comprehensive Pl,:in and make recommendations to the City Council on public processes, studies, and potential revisions to the Plan. Work in conjunction with other City citizen advisory commissions, boards, and committees to ensure coordination of various elements of the Comprehensive Plan. 2. Render quasi-judicial decisions on land use applications and appeals of administrative land use decisions as prescribed by the Ashland Code and Oregon state law. 3. Conduct public hearings and make recommendations to the City Council on planning Issues and legislative changes to land use regulations and ordinances. 4. When needed to implement City goals and policies, meet with other planning bodies in the region on issues that affect City land use planning. Make recornmendations to the City Council on regional land use issues in general. 5. Poster public awareness and involvement in all aspects of land use planning in the community. C. Except as otherwise set forth by the City Council, the Planning Commission may exercise any or all of the powers and duties enumerated in ORS 227.090 et. sect., as well as such additional powers and duties as are set forth herein. 2 12 070 Planning Commission as Committee on Citizen Involvement A. The Planning Commission is designated as the Committee for Citizen Involvement CCI The CCI shall monitor and evaluate City, responsibility= regarding Goal 1. of Oregon's Statewide Planning Goals and Guidelines: Citizen Involvement. The CCI shall be direetly responsible to the City Council and shall have the follorvin Powers and duties: Responsibilitv for assisting the City Council -vr ith the development of a ni oF_ram that promotes and enhances citizen involvement in land use planning, assisting in the implementation of the citizen involvement program, and evaluating the process being used for citizen involvement. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity- of one section, subsection, paragraph, or clause shall not affect the validity= of the remaining sections, subsections, paragraphs and clauses- SECTION 4. Savings. Notwithstanding any amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for p- :qooses of all cases filed or corn menced during tine times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article". "sections", "chapter" or another word. and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 2 of 3 TI fore info ordinance xis first read by title onto= in accordance with Article X- Section 2( of the City Charter on the ay- Of _.~r?- . '216. and duly PASSED and AtX)P"t^ ) this / dad o 2 b_ -j ldzl~~ Barbara M. Christensen- Ci-,rv Recorder SIGNI.,.D and APPROXITl3 this d v o / - 2 6- r` J . fit"-(,M, b'erg- Il vor Reviewed as t lc mi-- f David H. L: an- Cite Attorne ordinance No. Page 3' of 3 CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting Continuation of Grandview Drive Discussion FROM: Michael R. Faught, Public Works Director, michael.faup-ht o,ashland.or.us SUMMARY This is a continuation of the June 21, 2016 and the July 19, 2016 Council business meetings where staff requested authorization to leave a non-permitted guardrail in place and spend up to $240,000 of budgeted street funds in order to construct phase one of the proposed Grandview Drive shared road project. If approved, staff will hold a second public meeting with residents, finalize engineering plans and construct the project. BACKGROUND AND POLICY IMPLICATIONS: The Grandview Drive Guardrail has been on the Council's agenda twice, June 21, 2016 and July 19, 2016 (see attached Council Communications). This agenda item has been continued to the August 2, 2016 Council business meeting to consider staff s request for authorization to leave a non-permitted guardrail in place and spend up to $240,000 of budgeted street funds in order to construct phase one of the proposed Grandview Drive shared road project. In addition, on July 7, 2016 the Council conducted a site visit of Grandview Drive in order to see the guardrail and site constraints. The following is a brief history of the project: • On March 18, 2010 Grandview residents petitioned the City to install sidewalks. Topography challenges on Grandview led the Transportation Commission to recommend designating Grandview as a shared road. • Grandview Drive was designated as a shared road with the adoption of the 2012 Transportation System Plan (TSP). • A contractor building a home on Grandview Drive installed a non-permitted guardrail in the public right of way adjacent to the tax lot boundary in the spring of 2015. • Staff became aware of the guardrail installation in September, 2015 and the City's consultant traffic engineer determined that the guardrail should not be removed as it represented a safety improvement. Page 1 of 4 IL411 CITY OF ASHLAND • The City of Ashland's Legal Department initially determined the guardrail was exempt based on AMC 13.02.050 Encroachment Permits, which requires a permit for all work in the public right-of-way. However, Section 2.c, Exemptions, lists as a use not requiring a permit: Guard/handrails along edges of driveway approaches, walks, stairs, etc. that encroach in public right-of-way. • Kim Parducci PE PTOE, Traffic Engineer with Southern Oregon Transportation Engineering, determined the guardrail represents a safety improvement and should not be removed. • On February 2, 2016 the Public Works Director responded to an email complaint from Paul Rostykus regarding the guardrail. The explanation pointed out that a resolution to the Grandview Drive guardrail question is complex, making it important to take the time necessary to develop the best possible long term solution (see attachment). • The City of Ashland's Legal Department provided a more detailed discussion of why code enforcement was deferred (see attachment). • Staff hired Civil Engineering Consultants Inc. (CEC) to develop a shared road solution that includes leaving the guardrail in place. o Developed a plan that includes 5 foot refuge areas on both sides of an 18' travel lane at an estimated cost of $240,000 (including a 30% project contingency). The actual costs of the project may be lower as some of the work can be accomplished by City staff. o Determined that the guardrail had been constructed to City/ODOT Standards. o Determined that any improvement project would require the installation of a guardrail. • Details of the proposed Share Road Project are as follows: o Uses existing right-of-way, o Provides an 18 foot travel lane as required in the recently adopted shared road cross section, o Provides a five-foot pedestrian refuge on the south side or inside the curve and a five foot refuge area on the north side or by the steep drop-off where the guardrail is, o Cuts into the existing bank, o Constructs a retaining wall and gutter to improve drainage, o Places two new chip seal coats on the 18 foot roadway, o Places gravel in the pedestrian refuge areas (see attached drawings), o Sets the speed at 15 miles per hour, and o Installs two automated speed display signs and two "Shared Road" signs. • On June 2, 2016, Public Works staff held a Grandview Drive neighborhood group meeting to discuss the proposed project and staff's recommendation to leave the guardrail in place on Grandview Drive. While not everyone supported the project, a majority of the residents in attendance indicated that they would support the project. • On July 7, 2016, the City Council conducted a site visit on Grandview Drive near the guardrail (see attached questions and answers). Page 2 of a- ,V4 MA11 CITY OF ASHLAND options: 1. The Council could decide to follow the engineer's recommendation to leave the guardrail in place and take no further action. Staff could support this option. 2. The Council could decide to follow the engineer's recommendation to leave the guardrail in place and authorize staff to construct the shared road project this summer or fall. This is the preferred option by the Public Works staff. 3. The Council could direct staff to require the contractor to remove the guardrail. This option is not recommended by Public Works staff or the contracted engineering, firyns. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The engineer's estimate, which includes a 30% contingency, is $240,000. This first phase of the project could be funded this year as proposed in the Street Fund budget by reducing planned slurry seals by $130,000 and delaying the $112,000 A Street sidewalk improvement project. The Street Fund budget allocated $200,000 per year for slurry seal work in the 2016/17 biennium budget. This project is dependent on our Street crew completing crack sealing and base repair in order for the roads to be slurry sealed. In 2016 City crews were only able to prep $140,000 worth of slurry seal work. Based on that, staff feels reducing the anticipated 2017 slurry seal project costs to $130,000 more accurately reflects the amount of slurry seal work that can actually be accomplished. Final design of the A Street project needs to wait until the Downtown Parking and Multi-modal ad hoc committee completes their work which will push this project out to the 2017/2018 biennium budget. This is important as the improvement needs to match future urban design concepts. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council leave the existing non-permitted guardrail in place and authorize staff to construct the shared road project this summer or fall. SUGGESTED MOTION: 1) Move to leave the non-permitted guard rail in place. 2) Move to approve the plan for improving Grandview Dr. to the shared road standard with final approved engineering drawings. ATTACHMENTS: CEC Engineering Drawings Traffic Engineering Memo Street Classification-Shared Roadway ACE engineering LLC - Guardrail Engineer Observation Report June 21, 2016 Grandview Council Communication July 19, 2016 Grandview Council Communication Page 3 of 4 ILVI CITY OF ^ASHLAND Grandview Shared Road Questions - Ashland City Council Code Complaint Response to Mr. Rostykus Legal Department Code Deferral Explanation Page 4 of 4 ILVI 6CIE-6Ld (I4S) XVd • 8925-6LL (T6S) 'Hd 31yp 43/~OHddV ~ OENtER IOS7,6 N0~880 '@1Od00W' fi2~T ROA '0'd ✓ o~ a °z ~N~ 31V0 03~Ob'ddV w o~~ W ~ o -~P 7 ~ z LLP 'i~ ~ y~d Z Snjo ~31V0 ~03~OL7ddV a~J~ ~ ~~g i o ~ i ~ ~ 5~NI2I~~ ~ ~ ~31ra ~a3nodddv ~ ~ ~J' ~ A , `t ~ Y ~ !~O 1~`s 9l/4'0 31V0 HWV 'S1MW ,f8 03N~3H~ O ~ ~ d ~ fl 2I Z ~ OJ ; ~~a ° ~ ~ 03W 9l/t0 •31Np NMW ~,18 NMVYO Z W 1 I d ~ o!. w w w ' ~ Q ~QN ~ Z ~ > u" iw u°z~~o ~i d~ D e ~+e•~~Q ~ ~ ~ao U S k~ ° Q ~ w w i D ~ W?O 0 Z e S Z ~ ww~ Q~ ~ lµ oa ° a~a ~ Q F-N.M ~aa ~ ° ~ ~ . aom s~~`o z Qz L sA ~ ~Uti ~.Qi ~ Z 2 ~~a 0w 0 Z O ~2 ~ 66 ~ ° ~ :g~ U~ Rai W 2 W4U QZ Q ~ ~avwi ~Q ..i w m ~ ~ ~h0 ~ I ~ 8 ^W ~ ~ O~ w2 ~ I-f- RJ k joP F U ~ ¢ O~~ 2~ Q " ~ F F r ~ ~m0 ~3 ti W ww 1~ ~ s xr ~ U ~ u Qw m4°,Z~ Qo ~ ~ 00 x ~ ~ ' Z as Q. ..e J0 w° Rl V7 w Qo\o WS ii L F Z fx W ws 2434 0~ ~ F- I 0 0 C7 ~ 2~ oooQ v,~ ° w Q Q o ~Q~z oo ~ _ 00 Z n I, J Q~ 4p]C .Jib ~ ~ J ,~w ~~`WO 3c~ a¢~. 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Transportation Engineering, LLC 112 Monterey Drive To: Mike Faught, Ashland Public Works Director Medford, OR 97504 Date: 06/14/2016 Telephone 541.941.4148 Fax 541.535.6873 Subject: Grandview Drive Guardrail Review Kwkp1@Q.com Southern Oregon Transportation Engineering, LLC evaluated a guardrail that was installed on Grandview Drive along the upper section of roadway north of its intersection with Skycrest Drive. The analysis was prepared to address citizen concerns and determine whether it would be safer to remove it or leave it. Background Grandview Drive is a two-lane Neighborhood Collector under existing conditions, which means it distributes traffic from higher order streets such as Boulevards and Avenues to neighborhood streets. It has a posted speed of 25 miles per hour (mph) with a warning sign within the curves of 15 mph. The City's Transportation System Plan (TSP) recommends changing the functional classification of Grandview Drive to a Shared Street, which is a classification designated for streets with right-of-way constraints by topography. The constrained right-of-way prevents typical bicycle and pedestrian facilities such as sidewalks and bike lanes. The entire width of the street, therefore, is collectively shared by pedestrians, cyclists, and vehicles. The recommended speed of a Shared Street in the TSP is 15 mph. Field Data Grandview Drive was measured in the field to be approximately 19 feet in paved width with sections through the curve as narrow as 17 feet. There is a consistent gravel shoulder of at least 2 feet the entire length of the guardrail, which widens out at the upper portion to over 4 feet. There's a steep drop off along the north side of Grandview Drive. 4 1W y~.t _ ICI 1 ~1 340 GRANDVIEW I- t~ ~ e r ~ °Y I K LIM Other field observations included low vehicular volumes and speeds. The pedestrian activity was also fairly low while out there with only one jogger observed in the hour. There were no cyclists observed. We were out taking field measurements in late September on a weekday between 1:00-2:15 pm. Grandview Drive may get more pedestrian and bicycle activity later in the day after work. Evaluation and Recommendations The goal of roadside safety devices is to protect motorists from potentially serious hazards located near the travel way. Severe embankments are a hazard that, if encountered, can be deadly, and this is one of the reasons that guardrails are used. In looking at the guardrail on Grandview Drive, it meets design requirements and was installed correctly. There is no official crash history to date, but City staff remember one vehicular crash in the area of the guardrail many years ago when a vehicle went over the edge. From our standpoint, many factors contribute to this not having a high crash occurrence, which include low traffic volumes, low traffic speeds through the curve, and limited sight distance which makes drivers and pedestrians more cautious when on Grandview Drive, but this doesn't mean that a crash won't ever occur. In the event of a crash, the guardrail reduces the severity. If a vehicle or pedestrian is forced over the edge then the result is severe. It is our opinion that Grandview Drive is safer with the guardrail than without it based on these reasons. We hope this addresses citizen concerns and provides the background necessary for the City to move forward. Please feel free to contact us with any further questions or concerns. Southern Oregon Transportation Engineering, LLC P1 Kimberly Parducci, PE PTOE 53M 7 Firm Principal ~~OREGUN L PA Memorandum Page 2 Shared Street Provides access to residential uses in an area in which right-of-way is constrained by natural features, topography or historically significant structures. Shared Streets may additionally be used in circumstances where a slower speed street, collectively shared by pedestrians, bicycles, and autos, is a functional and preferred design alternative. The design of the street should emphasize a slower speed environment and provide clear physical and visual indications the space is shared across modes. See Figure 18.4.6.040.6.8. Prototypical Section: Shared Street r E y r 18' 25' Figure 18.4.6.040.G.8 Shared Street Street Function: Provide vehicular, pedestrian, and bicycle neighborhood circulation and access to individual residential and commercial properties designed to encourage socializing with neighbors, outdoor play for children, and creating comfortable spaces for walking and biking. Connectivity: Connects to all types of streets. Average Daily Traffic: 1,500 or less motor vehicle trips per day. Managed Speed: Motor vehicle travel speeds should be below 15 mph. Right-of-Way Width: 25' Pavement width: 18' minimum, maintaining full fire truck access and minimum turning paths at all changes in alignment and intersections. Motor Vehicle Travel Minimum 12' clear width. Lanes: Bike Lanes: Not applicable. Bicyclists can share the travel lane and easily negotiate these low use areas. Parking. Parking and loading areas may be provided within the right of way with careful consideration to ensure parked vehicles do not obstruct pedestrian, bicycles, or emergency vehicle access. Parkrow: Not applicable. Sidewalks: Not applicable. Pedestrians can share the travel lane and easily negotiate these low use areas. Refuge areas are to be provided within the right of wa,y to allow pedestrians to step out of the travel lane when necessary. Allan Goffe, Professional Structural Engineer ACE engineering LLC P. 0. Box 231, Ashland, Oregon 97529 Telephone (541) 552-1417 ace-en gineeringl Ic. co m ENGINEER OBSERVATION REPORT PROJECT: Vehicular Shoulder Guardrail, Grandview Drive, Ashland, Oregon DATE: 07-07-2016 DESCRIPTION OF THE SITE: On 06-20-2016 the existing vehicular shoulder guardrail installed on the north side of the roadway near the uphill portion of the street was observed. Measurements were taken of the existing post sizes, spacing, rail size and bolt size. The posts are embedded in soil so length was not able to be verified. No disruption to the site or structure was performed. ADDITIONAL INFORMATION: On 07-07-2016 information about the guardrail materials were received via email from Scott Fleury of the City of Ashland (COA). This information was forwarded from Brian Bowman of Gage It Construction the apparent installer of the existing guardrail. CONCLUSION: The size, spacing and gage of the guardrail materials measured at the site match the requirements of ODOT Standard Roadway Drawings series 400 and the information provided by the apparent installing contractor. The existing vehicular shoulder guardrail appears to comply with Oregon Department of Transportation (ODOT) standards. PERFORMED BY: Allan Goffe, P.E.,S.E. 64 OR Y SAN T EXPIRES 613012017 DISTRIBUTION: (email) Mark Kamrath (CEC), Scott Fleury (COA), Mike Faught (COA), Karl Johnson (COA), Robin Warren (AGEGC) CITY OF ASHLAND Council Communication June 21, 2016, Business Meeting Grandview Drive Shared Road Project Proposal FROM: Michael R. Faught, Public Works Director, michael.faught a ashland.or.us SUMMARY This item is an update to Council regarding the conversion of Grandview Dr. to a shared road and the installation of a non-permitted guardrail barrier. In addition, staff is asking for authorization to spend up to $240,000 of street funds to convert Grandview Dr. into a shared roadway. If approved staff will finalize engineering plans, hold a second and final public meeting with residents and construct the project. BACKGROUND AND POLICY IMPLICATIONS: On March 18, 2010 the Transportation Commission heard testimony from Grandview residents who petitioned the City to install sidewalks. Because of the topography challenges on Grandview, staff estimated the cost of installing sidewalks at $1.4 million. As a result, the Transportation Commission recommended designating Grandview as a Shared Road where all modes of transportation share the space. Grandview Drive was designated as a shared road with the adoption of the 2012 Transportation System Plan (TSP). When the City's consultant traffic engineer determined a non-permitted guardrail installed on Grandview Drive represented a vehicular safety improvement, staff hired an engineering firm to develop a shared road solution that includes leaving the guardrail in place while maximizing pedestrian refuge in the adjacent area. The new street classification was eventually incorporated into the 2012 TSP, where several roads with similar topographic challenges were designated as shared roads (see attached street classification). Following that, a standard shared road cross section was approved and codified during the Normal Neighborhood master planning process. The shared road cross section includes an 18-foot paved travel way that is shared by all modes of travel. The cross section also includes, at a minimum, 3' shoulders adjacent to the travel way as refuges for pedestrians. This refuge creates a safe spot for pedestrians while vehicles pass each other on the road. The most critical aspect of a shared road is a speed limit posting of 15 mph. The reduction in posted speed limit allows all users to safely use and occupy the shared way. A contractor building a home on Grandview Drive installed a guardrail in the public right of way adjacent to the tax lot boundary in the spring of 2016. The contractor had requested information about the City's guardrail standards prior to the installation of the Guardrail; however no permit was ever submitted. The new house is located at the bottom of a steep drop-off and the contractor installed the Page 1 of 3 CITY OF ASHLAND guardrail without a permit to protect the home in the event cars were to drive off the road at that location. Current language in AMC 13.05.020 exempts guardrail installation to protect a driveway approach even when it extends into the right-of-way. When Public Works staff learned that the guardrail had been installed on the right-of-way without a permit they contacted both the City Attorney and a traffic engineer for guidance. Based on AMC 13.05.020, the City Attorney initially determined the guardrail installation was exempt and did not require a permit. However, after Legal learned the extent of the guardrail, they determined that a case could be made for a code violation. In addition, Kim Parducci, PE PTOE of Southern Oregon Transportation Engineering, determined the guardrail should stay as it would reduce the severity of a vehicular crash and that the road is safer with the guardrail (see attached report). The installation of the guardrail created several complaints from residents in the Grandview Drive area. Given the findings of the traffic engineer, the Public Works staff hired Construction Engineering Consultants, Inc., to look at shared road engineering solutions. Initially, the engineering firm provided five alternatives, but staff narrowed it down to two option that were presented in a public meeting (see attached engineering drawings). The primary option: • uses existing right-of-way, • provides an 18 foot travel lane as required in the recently adopted shared road cross section, • provides a five-foot pedestrian refuge on the south side or inside the curve and a six foot refuge area on the north side or by the steep drop-off where the guardrail is, • cuts into the existing bank, • constructs a retaining wall and gutter to improve drainage, • places two new chip seal coats on the 18 foot roadway, • places gravel in the pedestrian refuge areas (see attached drawings), • sets the speed at 15 miles per hour, and • installs two automated speed display signs and two "Shared Road" signs. The estimated cost for the proposed project is $240,000 (this cost includes a 30% contingency and some of the work could be completed by staff). On June 2, 2016, Public Works staff held a Grandview Drive neighborhood group meeting to discuss the proposed project and staff s recommendation to leave the guardrail in place on Grandview. While not everyone supported the project, a majority of the residents in attendance indicated that they would support the project. Given the amount of concern about the limited space for pedestrians with the guardrail in the street's current configuration, staff recommends constructing the project this summer. As to the guardrail, staff has informed both the property owner and the contractor we will likely require some modifications to the existing guardrail. The two options our engineering firm is evaluating require the installation of either a cable or wood guardrail (see photos). In addition, there are areas where staff will require the contractor (subject to geotechnical review) to relocate the Page 2 of 3 RI. IFr CITY OF ASHLAND guardrail closer to the edge of the bank. The contractor has indicated a willingness to comply with the City's final guardrail placement requirement. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The engineer's estimate, which includes a 30% contingency is $240,000. This project could be funded this year as proposed in the Street fund budget by reducing planned slurry seals by $160,000 and delaying the $112,000 A Street sidewalk improvement project. The Street Fund budget allocated $400,000 for slurry seal in the 2016/17 biennium budget. The 2016 slurry seal project is only $140,000 and the 2017 slurry seal project can be reduced to $100,000. Final design of the A Street project needs to wait until the Downtown Parking and Multi-modal committee completes their work which will push this project out to the 2017/2018 biennium budget. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends the Council authorize staff to construct the shared road project once final engineering occurs and require the contractor who installed the non-permitted guardrail to either install a cable or wood guardrail as specified by the City's contract engineer. SUGGESTED MOTION: Move to approve the reallocation of funding for improving Grandview Dr. to the shared road standard with final approved engineering drawings. ATTACHMENTS: CEC Engineering Drawings Traffic Engineering Memo Street Classification-Shared Roadway Guardrail figures (Timber & Cable) Page 3 of 3 ~r CITY of ASHLAND Council Communication July 19, 2016, Business Meeting Continuation of Grandview Drive Discussion FROM: Michael R. Faught, Public Works Director, michael.faught a,ashland.or.us SUMMARY Staff is asking for authorization to leave a non-permitted guardrail in place and spend up to $240,000 of budgeted street funds in order to construct phase one of the proposed Grandview Drive shared road project. If approved, staff will hold a second public meeting with residents, finalize engineering plans and construct the project. BACKGROUND AND POLICY IMPLICATIONS: This item is a continuation of the discussion that began at the June 21, 2016 Council meeting (see attached June 21, 2016 Council Communication). The Council asked to conduct a site visit of Grandview Drive in order to see the guardrail and site constraints. The Council site visit, moderated by the City Attorney occurred on July 7, 2016. The following is a brief history of the project: • On March 18, 2010 Grandview residents petitioned the City to install sidewalks. Topography challenges on Grandview led the Transportation Commission to recommend designating Grandview as a shared road. • Grandview Drive was designated as a shared road with the adoption of the 2012 Transportation System Plan (TSP). • A contractor building a home on Grandview Drive installed a non-permitted guardrail in the public right of way adjacent to the tax lot boundary in the spring of 2015. • Staff became aware of the guardrail installation in September, 2015 and the City's consultant traffic engineer determined that the guardrail should not be removed as it represented a safety improvement. • The City of Ashland's Legal Department initially determined the guardrail was exempt based on AMC 13.02.050 Encroachment Permits, which requires a permit for all work in the public right-of-way. However, Section 2.c, Exemptions, lists as a use not requiring a permit: Guard/handrails along edges of driveway approaches, walks, stairs, etc. that encroach in public right-of-way. Page 1 of 3 CITY OF ASHLAND • Kim Parducci PE PTOE, Traffic Engineer with Southern Oregon Transportation Engineering, determined the guardrail represents a safety improvement and should not be removed. • On February 2, 2016 the Public Works Director responded to an email complaint from Paul Rostykus regarding the guardrail. The explanation pointed out that a resolution to the Grandview Drive guardrail question is complex, making it important to take the time necessary to develop the best possible long term solution (see attachment). • The City of Ashland's Legal Department provided a more detailed discussion of why code enforcement was deferred (see attachment). • Staff hired Civil Engineering Consultants Inc. (CEC) to develop a shared road solution that includes leaving the guardrail in place. o Developed a plan that includes 5 foot refuge areas on both sides of an 18' travel lane at an estimated cost of $240,000 (including a 30% project contingency). The actual costs of the project may be lower as some of the work can be accomplished by City staff. o Determined that the guardrail had been constructed to City/ODOT Standards. o Determined that any improvement project would require the installation of a guardrail. • Details of the proposed Share Road Project are as follows: o Uses existing right-of-way, o Provides an 18 foot travel lane as required in the recently adopted shared road cross section, o Provides a five-foot pedestrian refuge on the south side or inside the curve and a five foot refuge area on the north side or by the steep drop-off where the guardrail is, o Cuts into the existing bank, o Constructs a retaining wall and gutter to improve drainage, o Places two new chip seal coats on the 18 loot roadway, o Places gravel in the pedestrian refuge areas (see attached drawings), o Sets the speed at 15 miles per hour, and o Installs two automated speed display signs and two "Shared Road" signs. • On June 2, 2016, Public Works staff held a Grandview Drive neighborhood group meeting to discuss the proposed project and staff's recommendation to leave the guardrail in place on Grandview Drive. While not everyone supported the project, a majority of the residents in attendance indicated that they would support the project. • On July 7, 2016, the City Council conducted a site visit on Grandview Drive near the guardrail (see attached questions and answers). Options: 1. The Council could decide to follow the engineer's recommendation to leave the guardrail in place and take no further action. Staff could support this option. Page 2 of 3 R14 ~r C I T Y OF ASHLAND 2. The Council could decide to follow the engineer's recommendation to leave the guardrail in place and authorize staff to construct the shared road project this summer or fall. This is the preferred option by the Public Works staff.' 3. The Council could direct staff to require the contractor to remove the guardrail. This option is not recommended by Public Works staff or the contracted engineering firers. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: The engineer's estimate, which includes a 30% contingency, is $240,000. This first phase of the project could be funded this year as proposed in the Street Fund budget by reducing planned slurry seals by $130,000 and delaying the $112,000 A Street sidewalk improvement project. The Street Fund budget allocated $200,000 per year for slurry seal work in the 2016/17 biennium budget. This project is dependent on our Street crew completing crack sealing and base repair in order for the roads to be slurry sealed. In 2016 City crews were only able to prep $140,000 worth of slurry seal work. Based on that, staff feels reducing the anticipated 2017 slurry seal project costs to $130,000 more accurately reflects the amount of slurry seal work that can actually be accomplished. Final design of the A Street project needs to wait until the Downtown Parking and Multi-modal ad hoc committee completes their work which will push this project out to the 2017/2018 biennium budget. This is important as the improvement needs to match future urban design concepts. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends Council leave the existing non-permitted guardrail in place and authorize staff to construct the shared road project this summer or fall. SUGGESTED MOTION: 1) Move to leave the non-permitted guard rail in place. 2) Move to approve the plan for improving Grandview Dr. to the shared road standard with final approved engineering drawings. ATTACHMENTS: CEC Engineering Drawings Traffic Engineering Memo Street Classification-Shared Roadway ACE engineering LLC - Guardrail Engineer Observation Report June 21, 2016 Grandview Council Communication Grandview Shared Road Questions - Ashland City Council Code Complaint Response to Mr. Rostykus Legal Department Code Deferral Explanation Page 3 of 3 ~r Grandview Shared Road Questions -Ashland City Council On July 7, 2016 at 12:30 pm the Ashland City Council and the residences of Grandview Drive visited the location of the proposed shared road project for Grandview Drive. Mike Faught, Public Works Director, provided the following background information: • 2010 Citizen request Sidewalk on Grandview • TC recommends shared road • 2012 TSP designates Grandview and many other roads as shared roads • roads with physical and topography constraints (not sufficient room to construct a standard residential road) • Spring 2015 Guard rail installed w/o permit • Traffic Engineer said is should stay as she determined it would be safer with the guardrail considering all users. • Staff hired Construction Engineering Consultants (CEC) to develop a shared road project solution. • The proposed shared road provides safety for all modes, rail for vehicular, refuge areas for bike and ped, and 18 travel lane for cars and trucks, with a posted speed of 15mph. • The recommended street improvements would be the same with or without the guardrail; however, the stamped engineer will require the guard rail with the improvement project. Staff has confirmed that the guard rail was constructed to ODOT or our standards. Upgraded with Corten Steel. • Final recommended design has 5 foot refuge each side with an 18 travel want (using chip seal) and a guard rail (guard required by the stamped engineer • It is important to note that road has been functioning as a shared road all along, the proposed project will make it safer for all modes, by adding guardrail, refuge area and slowing speed down. The following questions were asked pertaining to the shared road project and the unpermitted guardrail in the proposed area. Public discussion did not take place. • Will only this section (where guardrail is) of Grandview be a shared road? o No the expectation is to convert the whole section of Grandview down to Scenic into a shared roadway. This will be phase one of the project. • Has an engineer looked at adding a guardrail to extend further down the road? o Not yet, this will be evaluated with the engineering done as part of the next phase. • Is the curve further down the road any safer than the one that has the guardrail? o This will be evaluated as part of the engineering work done with respect to the next phase. • Designating this shared road is not necessarily in a hierarchy, is the traffic higher than a typical shared road? o The most recent average daily traffic for Grandview was 565 cars per day. A shared road per the standard allows up to 1500 cars per day. • Is the guardrail built to standard? o Yes, the guardrail is built to ODOT standards as verified by an engineer. • How deep are the pylons holding the guardrail? o Per the installer the posts are 6' and 8' deep, depending on their location in the embankment • Six of the support structures are timber, did the engineer take that into consideration? o The timber posts are part of the specifications and required as breakaway posts for when a vehicle strikes the end terminal. • Is the only place that shared roads are authorized and conceptualized are the in the Normal Neighborhood plan that meet the criteria for a shared road? o No, there are numerous streets identified in the 2012 TSP that classified as shared roads. • Are refuge areas required on both sides? o Yes • Where does the 5 ft. of refuge start? o The 5' refuge starts at the beginning of the project at the start of the guardrail. • Will there be a speed study done? o There have been numerous speed studies done. The most recent develop an 85% speed of 26.x mph near the guardrail. • Will the company who installed the guardrail have to retroactively apply and pay for a permit? o This will be determined by the attorney. • Has a geotechnical report been done and if not, when will it be done? o A geotechnical engineer is developing a final technical memo on the guardrail. • What are the differences for a fill and a solid bank? • How will the City address the other dangerous blind spots? o This will be evaluated as part of the engineering work done with respect to the next phase. • Where the does project start and stop? o The current project starts at the beginning of the guardrail section and ends just west of Ditch Rd. Please refer to the drawings in the Council Communication from June 21, 2016. • Is this in the current CIP? o No. Staff had planned on moving forward with this project in the next budget cycle, but the installation of the guardrail has speed up the project. Staff believes this shared roadway project is important. • Will there be parking along the proposed area? o No. • Has the City looked at budgeting to find money to fix other parts of the road that need work? How do we know this is the worst part? o This is phase 1 of the project and the City is working on the engineering design of the rest of the project which will assist in the budget development. • How was this chosen over other projects? o Staff had planned on moving forward with this project in the next budget cycle, but the installation of the guardrail has speed up the project. Staff believes this shared roadway project is important. • Why not speed bumps? o Speed bumps have not been analyzed for the project. • Has there been discussions for building a wall up where the guardrail is now? o Yes, but based on the geotechnical analysis a large portion of the roadway would need to be excavated and reconstructed to allow for shifting the guardrail. The general engineers consensus is the cost for this would be 3-4 times what is current proposed. • Where would the legal guardrail be? o Per the engineers analysis the guardrail would be placed in the same position. • Is it legal to have a guardrail this close to a driveway? Are there standards on how far away a guardrail needs to be from a driveway? o Per the engineers analysis the guardrail would be placed in the same position. • What will the refuge area be? o The refuge area will be constructed with decomposed granite and will represent a visual difference between the chip seal. • Why does the guardrail have double posts? o It has double posts as required by the construction standards. • Since the guardrail was installed unpermitted, who is responsible for replacing if it is damaged? o Typically when something is damaged such as a guardrail, the owner's car insurance will cover the costs. • Will the refuge area be marked? o The refuge area will be decomposed granite and the edge of the chip seal will be marked with a white "fog" stripe to delineate the two areas. • What will happen to the bank? o The bank will be excavated to widen the roads cross section. • Is the project in our right of way? o Yes. • How tall will the retaining wall be? o The retaining wall will between 4 and 12 feet in height depending on the location along the embankment. • Will the refuge areas be a specified length? What is the consistency of length for the refuge areas? o Please refer to the set of plans provided in the Council Communications from June 21, 2016. • How will the refuge areas transition into the existing road? c The refuge areas are meant to continue through the whole length of Grandview. The current phase of the project will terminate to the west of Ditch Rd. • How far will the bank be cut into? o The bank will be excavated according to the detached plans which specify the distance of the refuge areas. • Why is the guardrail sharp to touch? o These are standard materials used in guardrail construction. • What about speed bumps at the beginning of the road to slow down traffic approaching the area? o We have not evaluated speed bumps, but the traffic engineer is looking into the installation of a 4-way stop at the start of the project. • What purpose do the 8" blocks along the guardrail serve? o The purpose of guardrail blockouts is to reduce the possibility of "wheel snag" on a guardrail post when a vehicle interacts with the guardrail. These are typically made of wood or recyclable plastic. Tami Campos From: Tami Campos Sent: Tuesday, July 12, 2016 2:58 PM To: Tami Campos Subject: FW: Guardrail on Grandview From: Mike Faught Sent: Tuesday, February 02, 2016 1:34 PM To: Rostykus Paul Cc: Scott Fleury; Kevin Flynn Subject: RE: Guardrail on Grandview Hi Paul._. Thanks for taking the time to follow up on your municipal code violation complaint regarding the guardrail on Grandview.. In general, city staff responds to code complair;ts are subject to overall priorities. As you know we have limited resources and must tackle what seems to be the most urgent problems first. We acknowledge that's not very satisfactory to a complainant, however there is no realistic alternCative. Hasping said that, I want you to know that your complaint has not been overlooked and as you know Public Works has been working on a resolution to the issue but has not yet reached a conclusion. It is equally important to note that a Resolution of the Grandview Drive issues requires more than simple immediate steps. There are public costs or risks no matter what action is taken. Therefore, it`s important for us to take the time necessary to develop the best possible long-term solution and avoid taking immediate steps than could mare such a preferred outcome harder to effect. Michael R. Faught Public Works Director City of Ashland 51 Winburn Way Ashland. OR 97520 nilke.faughtCashland.or.us 541/552-2411 541/488-6006 Fat 800/7?5-2900 TTY This email is official business of the City of Ashland. and it is subject to Oregon public records law for disclosure and retention. If you have received this message in error. please let me knot.'. From: Rostykus Paul [mailto:prostykus@gmail.comj Sent: Sunday, January 31, 2016 7:26 PM To: Mike Fa ught Cc: Scott Fleury; Kevin Flynn Subject: Re: Guardrail on Grandview It has now been over 2 months since the city the received my municipal code violation complaint form regarding the guardrail on Grandview Drive. As noted on the city website: "Due to the large volume of complaints processed, it is difficult to maintain up to date status reports to complainants. Please feel free to check in with the Compliance staff if you would like to find out the current status of a complaint". would like to hear an update on what is happening with this issue. Thank you. Paul Rostykus 541-601-9709 On Nov 24, 2015, at 5:53 PM, Kevin Flynn <kevin.fIynn@ashland.or.us> wrote: Mike, Please find attached the signed municipal code violation complaint form submitted today by Mr. Paul Rostykus regarding the guardrail on Grandview Drive. As we spoke about, you directed that you would be the point of contact for the city regarding this matter. Paul, Mike Faught the City of Ashland Director of Public Works is reviewing this matter and will advise you as to how it is to be resolved. In speaking with Mr. Faught he related the Public Works Department is reviewing the matter and pursuing a resolution with all due diligence. Kind regards, Kevin Kevin Flynn, Code Compliance City- of Ashland Community Development 51 Winburn Way, Ashland OR 97520 (541) 552-2424, TTY: 1-800-735-2900 FAX: (541) 552-2050 kex in. x-nn0 ashland.or.us AL <2015.11.24-Grandview Drive-340-Guardrail installed without permit-Complaint Form.pdf> 2 REASONS FOR DEFERRING ENFORCEMENT OF ENCROACHMENT PERMIT REQUIREMENT ON GRANDVIEW • As long as the City is taking reasonable steps towards enforcement of its ordinances and/or the City has a reasonable basis for refraining from immediate enforcement, the City is not required to undertake immediate enforcement in any particular situation. o First, city officials have discretion as to when and whether to undertake enforcement actions. Universal immediate enforcement of every ordinance requirement, even including permit requirements, is not feasible for any city from either workload or financial perspectives. o Second, in this particular case, the City has had good reasons for postponing enforcement: ■ Preliminary determination (now modified in response to those opposed to the guardrail) that the installed guardrail fully satisfied existing exemptions from encroachment permit requirements (AMC 13.02.050A.2 and 3). ■ Determination by traffic engineer that some type of guardrail is the safest outcome for both pedestrians, vehicles, and adjacent structures along at least portions of the street edge where the guardrail has been installed. ■ Newly created "Shared Road" designation expanded the options for improving safety along Grandview. ■ Requiring removal of the entire guardrail as penalty for failure to obtain a permit is premature until the best course of action can be decided upon: If the guardrail were to be entirely removed and best course of action turns out to be having a guardrail along a portion of the roadway, the City would needlessly have to bear the cost of installing new guardrail. • If someone disagrees that the City's lack of enforcement in this case has been reasonable, their appropriate course of action is to bring the matter to the attention of the Transportation Commission, the Public Works Department, the City Administrator, and the City Council. It appears that all of these steps have been and are being taken by those who argue for immediate enforcement. o If still not satisfied, complainants could file a mandamus action in Jackson County Circuit Court, claiming that the City's lack of enforcement has been unreasonable. ■ Whether such a claim would be likely to succeed and whether the matter is likely to be resolved administratively before any court could require action, is for the complainants to consider. CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting Second Reading of an Ordinance amending Ashland Municipal Code section 10.110 Fair Housing FROM: Linda Reid, Housing Program Specialist, Community Development Department, reidl@ashland.or.us SUMMARY This is the second reading of an ordinance updating the Fair Housing section of the Ashland Municipal Code (Ch. 10.110) to newly establish domestic partnership status and age as protected classes. The suggested language to be included in the Fair Housing ordinance represents the cumulative efforts of two years' worth of research, community dialog and discussion, and includes some general "housekeeping" updates to the ordinance needed to bring it up to date with State of Oregon protections and City policies. BACKGROUND AND POLICY IMPLICATIONS: The Council approved first reading of an ordinance updating the Fair Housing section of the Ashland Municipal Code at the regular business meeting on July 19, 2016. The City has received one comment regarding the changes to the fair housing ordinance. In 2013, the Associated Students of Southern Oregon (ASSOU) student government prioritized having student status added as a protected class to the City's Fair Housing Ordinance in response to discrimination students have reportedly experienced in trying to secure rental housing in Ashland. The ASSOU student government approached the City Council to request amendments to the City's Fair Housing ordinance. In April of 2014, the Council directed the Housing and Human Services Commission to study the issue and develop a recommendation on whether students should be added as a protected class. For a more complete description of the actions undertaken by the Commission and the student government please see the Council Communication dated March 14, 2016. The ordinance has been amended to reflect the feedback from the City Council at its study session held on March 14th. The changes to the ordinance include language to clarify that student grants/scholarships or loans do qualify as a "source of income," and as such a landlord cannot disqualify a prospective tenant that lists such income on a rental application on that basis alone. The proposed ordinance also expands protections to newly include "Age" and "Domestic Partnership" as protected classes, and removes the exceptions for households that receive section 8 assistance. The protected classes proposed are in addition to the existing State and federally protected classes covered by the City's ordinance. The existing protected classes include; race, color, religion, sex, sexual orientation, gender identity, national origin, source of income, disability and familial status. Under fair housing law it is unlawful to discriminate against members of a protected class in housing transactions. The ordinance amendments also included clarifying language recognizing emancipated minors as protected under the newly proposed prohibition on "Age" discrimination; Clarification regarding the Page 1 of 2 ILVI CITY OF ASHLAND penalty for violating the ordinance (violation would be a Class I (most severe) violation). These clarifications and amendments have been incorporated into the ordinance to address concerns raised by council members at the study session held on March 14"'. COUNCIL GOALS SUPPORTED: 5. Seek opportunities to enable all citizens to meet basic needs. 5.3 Leverage partnerships with non-profit and private entities to build social equity programming. 7. Keep Ashland a family-friendly community. 7.3 Support land-use plans and policies that encourage family-friendly neighborhoods. FISCAL IMPLICATIONS: N/A COMMISSION AND STAFF RECOMMENDATION AND REQUESTED ACTION: • The Housing and Human Services Commission recommends approval of the ordinance as presented. • Staff recommends that the Council approve second reading of the draft ordinance as presented. SUGGESTED MOTION: Move to approve second reading by title only of the ordinance titled, "An Ordinance Amending Ashland Municipal Code Chapter 10.110 Fair Housing." ATTACHMENTS: • Fair Housing Ordinance • 20160719 Public comment received Page 2 of 2 ~r ORDINANCE NO. AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE CHAPTER 10. 110 FAIR HOUSING Annotated to show deleti ns 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, the City of Ashland contracted with the Fair Housing Council of Oregon to complete and Analysis of Impediments to Fair Housing Choice which recommended that the City undertake an update of the Fair Housing Ordinance, and WHEREAS, the City of Ashland Housing Commission considered the above-referenced recommendation and finalized the recommended amendments to the Ashland Municipal Code at a duly advertised public hearing on August 22, 2012 and following deliberations recommended approval of the amendments to the City Council on October 16, 2012. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. AMC Chapter 10.110 Fair Housing is hereby amended to read as follows: SECTION 10.110.010 Declaration of Policy. It is hereby declared to be the policy of Ashland, Oregon, in the exercise of its Policy police power for the public safety, public health, and general welfare to assure equal opportunity to all persons to live in decent housing facilities regardless of raee, eolor, religion, , sexual identity, ientation, gender national > souree of > disability, or- familial status, and, to that end, to prohibit discrimination in housing by any persons. (Ord. 2746, 1994) Ordinance No. Page 1 of 6 SECTION 10.110.020 Definitions. When used herein: A. "Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives and condominiums. B. "Discrimination" or "discriminatory housing practice" means any difference in treatment based upon race, color, religion, age, sex, sexual orientation, national origin, source of income, disability, familial status, or domestic partnership status; or any act that is unlawful under this ordinance. (Ord. 2713, 1993) C. "Person" includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups or combinations. D. "Owner" includes a lessee, sublessee, co-tenant, assignee managing agent or other person having the right of ownership or possession, or the right to sell, rent or lease any housing accommodation. E. "Financial Institution" includes any person, as defined herein, engaged in the business of lending money or guaranteeing losses. F. "Housing accommodation" or "Dwelling" means any building, mobile home or trailer, structure, or portion thereof which is occupied as, or designed, or intended for occupancy, as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, mobile home or trailer, structure, or portion thereof or any real property, as defined herein, used or intended to be used for any of the purposes set forth in this subsection. G. "Open market" means the market whieh is comprised of members of the general public who become informed of the availability for sale, purchase, rental or lease to members of the 14eneral public of any housing accommodation, whether informed through a real estate broker or by advertising by publication, signs or by any other advertising methods directed to the public or any portion thereof. H. "Older Person" A person of age fifty-five (55) or older. L "Fa ili'' status ""Familial" means a relationship between one or more individuals who have not attained 18 years of age and an adult with whom the individual(s) is (are) domiciled and who is (1) a parent or person having legal custody of the individual(s), or (2) an adult to whom such parent or person having such custody has given written permission to provide housing for the individual(s). "Familial status" "Familial" also weans the eo ditio includes the characteristic of being an individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age. J. "Disability" means a physical or mental impairment which substantially limits one or more major life activities. "Disability" includes having a record of such an impairment or being regarded as having such an impairment K. "Sexual orientation" means attraction to or selection of a sexual partner according to gender. "Sexual orientation" includes having a history of that attraction or selection, or being identified with that attraction or selection. "Sexual orientation" is limited to heterosexuality, homosexuality, and bisexuality. L. "Source of Income" means the type of financial resources a person uses to support himself or herself and his or her dependents, including but not limited to money and property from any occupation, profession or activity, from any contract, settlement or Ordinance No. Page 2 of 6 agreement, from federal or state payments, grants, scholarships, loans, Federal Student Aid, Social Security benefits, Section 8 housing choice voucher assistance, court ordered payments, gifts, bequests, annuities, life insurance policies, pensions, retirement savings, and compensation for illness or injury. , but exeluding any money or property Source of income does not include income derived from a specific occupation or income derived in a manner made illegal or criminal by any State or Local statute or ordinance. M. "Gender Identity" means a person's actual or perceived sex, including a person's, appearance, expression or behavior, whether or not that identity, appearance, expression or behavior is different from that traditionally associated with the person's sex at birth. N."Fair Housing Officer" means the City Attorney or designee who will serve as the designated Fair Housing Officer. O."National Orrin" means a person's country- of birth or ancestry. P."Age" means having the characteristic of bein14 18 years lIoll of ale or older or eept that for purposes o seetio Yf 10.110.040 B (1)-) « g~_{llso means the eharaeteristit a having received a decree of emancipation from the State of Orelzon pursuant to ORS 419B.552. Q. "Domestic partnership" means a relationship between two persons who meet the following requirements: live as a family in a relationship of mutual support, caring and commitment, and intend to remain in such a relationship; neither is married or the domestic partner of any other person; are each 18 years of age or older; are not related by blood kinship closer than would bar marriage in the state of Oregon; and are mentally competent to consent to contract. Domestic partnership shall also be demonstrated by having registered, certified or affirmed the relationship with any appropriate, legally established registrv with substantially similar criteria within any jurisdiction in the United States. SECTION 10.110.030 Unlawful Practices. In connection with any of the transactions set forth in this section which affect any housing accommodation in the open market, or in connection ,with any public sale, rental or lease of any housing accommodation, it shall be unlawful within the City of Ashland for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above, to: A. Refuse to sell, rent or lease, or deny to or withhold any housing accommodation from a person because of race, color, religion, age, sex, sexual orientation, gender identity, national origin, source of income, disability, familial status or domestic partnership status; or B. To -d Discriminate against a person in the terms, conditions or privileges of the sale, rental or lease of any housing accommodation, or in the furnishing of facilities of services in connection therewith; or C. T-a-r Represent to a person that any housing accommodation is not available for inspection, sale, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation on the open market because of race, color, religion, age, or national origin, disability, sex, sexual orientation, gender identity, source of income, familial status or domestic partnership status; or Ordinance No. Page 3 of 6 D. P 7 pttblish, pfint, CZI'G-C[tLC , mail, post of or cause to be made, ptiblished, pfifited, > mailed, posted of notice, any statement-of 7 of annotinee 7 sale, Of sfign of use a f6fm of application f6f the > lease of finaneing of any .Y X 11 sale, > 7 ~'lisefirninatio of any intent to make n disefiminatio E. Twr Retaliate or discriminate in any manner against a person because that person has opposed a practice declared unlawful by this article, or because that person has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding, hearing or conference under this ordinance; or F. Inquire into the sexual orientation of a purchaser, renter, or lessee, or prospective purchaser, renter or lessee. (Ord. 2746, 1994) G. " refusa Refuse to permit, at the expense of the a person with disabilities, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. SECTION 10.110.040 Exemptions. A. This ordinance shall not apply to: 1. A religious organization, association, or society or any nonprofit institution or organization operating, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, rental, or occupancy, of dwellings which it owns or operates for other- than commercial purposes to persons of the same religion, or which gives preference to such persons, unless membership in such a r religion is restricted on account of race, color, age, sex, sexual orientation, 14ende identity, national origin, disability, familial status, or domestic partner status. 2. A private club not open to the public, which incident to its primary purpose or purposes, provides lodgings which it owns or operates for other than a commercial purpose, and which limits the rental or occupancy of such lodgings to its members or gives preference to its members. 3. The leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her primary residence. B. The requirements of this ordinance on prohibition of discrimination on the basis of familial status shall not apply to: 1. Dwellings provided under any State or Federal program specifically designed to assist older persons, or to dwellings in bona fide retirement communities designed and operated for older persons or dwellings otherwise intended and operated exclusively for older persons, equipped with facilities specifically designed for the physical and social needs of such persons. 2. Applicability of reasonable local, State, or Federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling unit. 3. Any housing provided, owned or operated by the State or Federal Government. 4. Any housing unit of less than four- hundired (400) square feet gross floor firea. Ordinance No. Page 4 of 6 C. The prohibitions in section 10.011.0 on 10.110.020 against discrimination on the basis of sexual orientation and gender identity do not apply to; 1. the The leasing or renting of a room or rooms within an individual living unit which is occupied by the lessor as his or her residence. 2. the The leasing or renting of a room or rooms within individual units where one of the units is owner occupied; 3. T-o Space within a church, temple, synagogue, religious school, or other facility used primarily for religious purposes. D. The prohibitions in section 10.014.03-0 10.110.020 against discriminating on the basis of source of income do not prohibit: 1. Inquiry into and verification of a source or amount of income; 2. Inquiry into, evaluation of, and decisions based on the amount, stability, security or creditworthiness of any source of income; 3. Screening prospective purchasers and tenants on bases not specifically prohibited by this chapter or state or federal law; 4. Refusal to eontraetv~,ith a governmental ageney under 42 U.S.C. 1437f(a) "Seetion Q E. The prohibitions in section 10.011.03-0 10.110.020 against discriminating on the basis of gender identity do not prohibit: 1. Health or athletic clubs or other entities that operate gender-specific facilities involving public nudity such as showers and locker rooms, from requiring an individual to document their gender or transitional status. Such documentation can include but is not limited to a court order, letter from a physician, birth certificate, passport, or driver's license. SECTION 10.110.050 Procedures. Any person aggrieved by an unlawful practice prohibited by this ordinance may file a complaint with the Fair Housing Officer no more than one year after the alleged unlawful practice occurred. The Fair Housing Officer or a duly authorized representative shall investigate each complaint and attempt to resolve each complaint. Failure to achieve a resolution acceptable to both parties and compliance with this ordinance shall cause the Fair Housing Officer to forward the complaint and findings to appropriate state and federal officials. SECTION 10.110.060 Enforcement and Administration. A. The provisions of this section are in addition to state and federal law, nothing in this section precludes complainants from pursuing other remedies available under any appropriate government agency or under the statutes and procedures established in ORS Chapter 659A. B. Any person claiming to be aggrieved by an unlawful discriminatory act under the provisions of this code shall have a cause of action in any court of competent jurisdiction for damages and such other remedies as may be appropriate. Election of remedies and other procedural issues relating to the interplay between administrative proceedings and private rights of action shall be handled as provided for in ORS 659A.870. 659A. 885 and 659A. 890. The court may grant such relief as it deems appropriate, including but not limited to such relief as is provided in ORS 659A.885. Ordinance No. Page 5 of 6 SECTION 10.110.070 Penalties. Violation of this chapter is a Class I violation, punishable in accordance with AMC 1.08.020. SECTION 10.110.080 Severability of invalid provisions. In case any one or more of the sections, subsections, clauses, or provisions of this ordinance, or the application of such sections, subsections, clauses or provisions to any situations, circumstances, or person, shall for any reason be held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect any other sections or provisions of this ordinance or the application of such sections, subsections, clauses or provisions to any other situation, circumstance or person, and it is intended that this ordinance shall be constructed and applied as if such had not been included in this ordinance. (Ord. 2527, 1989; Ord. 2713, 1993) SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered or re-lettered, provided however, that any Whereas clauses and boilerplate provisions (i. e., Sections 2) need not be codified, and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form; David H. Lohman, City Attorney Ordinance No. Page 6 of 6 Linda Reid From: Kevin Stout <kevinpstoutC gmail.com> Sent: Tuesday, July 19, 2016 5:03 PM To: Linda Reid Subject: Housing Ordinance Linda, I am the Vice President of SOROA. Mark is away on summer business trips and is not available at this time. I would like to offer our comments on the proposed ordinance. First, we commend the city for including language protecting source of income and domestic partnership status in the ordinance. Our organization has major concerns with the proposed, and unprecedented expansion of the City's police powers to enforce matters that have traditionally been handled by State or Federal agencies or through a private right of action in civil court. Section 10.1 10.070 is particularly troubling. This provision would allow the City, by and through the Ashland Police Department and the City Attorney, to issue citations in the amount of $2,000.00 for violating the proposed ordinance. In our opinion issuing large fines without giving the City the higher burden of proof entitled to a criminal defendant is unconstitutional and would be challenged in court. In my personal opinion, as a resident of Ashland, I feel that it is a waste of resources to burden the City Attorney and Courts with these matters that have been appropriately handled by State and Federal authorities and by a private right of action. As a matter of policy the language throughout the proposed ordinance including "age" as a protected class is unnecessary and will not achieve the stated goals. Any adult or emancipated minor could file a complaint with the Fair Housing Officer for any perceived discrimination and cause landlords to incur the expense to defend against the complaint. The discrimination complaints would need to be investigated and due to the potential liabilities, defended vigorously by landlords. This increased liability in the Ashland rental market would drive landlords to cease renting or substantially increase rents and applications fees. Ironically, the additional cost of screening procedures to protect against complaints about age discrimination will preclude many young people from finding rental housing in Ashland because landlords will adopt stricter criteria when considering applicants. The housing problems in Ashland are not an issue of discrimination. The problems are due to the large demand for housing and limited availability and the changing demographics of the community. More affluent people moving to Ashland has restricted the availability of rental properties and caused increased competition for limited housing. Adding additional police powers, unnecessarily protecting a large class of people and increasing the costs of housing are not good solutions to the housing problems. This proposed ordinance, as written is bad public policy that will have a negative affect on renters, landlords, and our City's Municipal Court system. Please forward our concerns to the City Council and the Mayor. If you would like L►s to appear for any public comment we are happy to do so. Kevin Stout Attorney/ Stout Law LLP 215 Laurel Street / Medford, Oregon / 97501 P: 541-776-2020 / F: 541-776-9841 / E: kevinpstout@gmail.com www.StoutOregonLow.com This transmission may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. Thank you. CITY OF ASHLAND Council Communication August 2, 2016, Business Meeting First Reading of an Ordinance Amending AMC 4.34, Food and Beverage Tax, and Referring Said Ordinance to the Voters of Ashland in the November 8, 2016, General Election FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY This ordinance amends the Ashland Municipal Code to redirect a portion of the City's food and beverage (F&B) tax revenue to street maintenance and to increase the portion of F&B tax revenue that is directed to the Ashland Parks and Recreation Commission. Staff projects that enough revenue is being generated by the F&B tax to fully fund current wastewater treatment debt, a pavement management program to overlay or reconstruct all arterial and collector streets and to increase the share of F&B revenue for Parks from 20% to 25% of total collections. The ordinance does not change the current tax rate of 5% and does not change the tax's sunset date of December 31, 2030. The ordinance contains a referral clause, so it would not be enacted unless approved by Ashland voters in the November 8, 2016 election. BACKGROUND AND POLICY IMPLICATIONS: City staff initiated a discussion of the city's street maintenance needs at the study session of April 20, 2015. At that time, staff pointed out that virtually all of the city's arterial, collector and neighborhood collector streets are in need of major maintenance and that approximately three miles of those streets require complete reconstruction. At the conclusion of the study session, staff indicated that it would return to Council with a proposal to generate the revenues necessary to implement a pavement management program via the street utility fee. This discussion resumed at the February 29, 2016, study session, however, rather than proposing an increase in the street utility fee, staff proposed a plan to reallocate food and beverage tax revenues in order to cover debt service on a borrowing to implement the pavement management program. The City of Ashland first enacted a food and beverage tax - a tax on prepared food and non-alcoholic beverages sold by restaurants and caterers in 1993. The tax was created to provide a reliable revenue stream for the acquisition of open space (park land). The original F&B ordinance established the tax at 1%, but authorized the Council to raise the tax to 5%, with the additional revenue dedicated to debt service for waste water treatment plant construction. That ordinance was referred to the voters who approved it in a contentious election by a margin of 55%-45%. Shortly after that election, the Council exercised its right to raise the tax to 5%, the level at which it has been ever since. The ordinance was subsequently amended five times, with the fifth amending ordinance (to allow tax collections to be spent on park development as well as land acquisition and extending the ordinance sunset date to 2030) referred to the voters in 2009. Voters approved that ordinance by a margin of 59%-41%. Page 1 of 3 11FALA&II CITY of ASHLAND Within two years of that amendment, the city refinanced its wastewater debt, resulting in a savings of some $300,000 annually; savings that continue to grow each year until the debt is retired in fiscal year 2022. At the same time, F&B tax collections since the end of the 2008-2009 recession have grown much faster than had been projected when the wastewater debt was first incurred. Since 2010, F&B tax collections have grown 5.7% annually and remain on pace for continued growth. This has created a large and growing gap between F&B revenues dedicated for wastewater debt and the amount actually needed for that debt. This gap, illustrated in the graph below, is projected to approach $600,000 in FY 2016. F&B Revenue Compared to Annual Debt Payment $3,500,000 $3,000,000 -00 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0 2008 2009 2010 20112012 2013 2014 2015 2016 2017 2018 2019 2020 20212022 ---Annual Debt Service ,Annual Tax Proceeds Meanwhile, the City faces a burgeoning crisis with regard to its street maintenance needs. The city's two primary sources of street maintenance revenue - shared state gas tax revenue and the local street utility fee - have not kept pace with demand. The City faces a $10.5 million bill to bring all of its arterial, collector and neighborhood collector streets up to excellent pavement condition, after which the streets can be maintained on a regular and much less costly schedule, thus avoiding the significantly higher cost of reconstruction. (It costs approximately $285,000 to overlay a mile of road, but $1.4 million to reconstruct that same mile of road.) Given the growing gap between F&B tax revenue for wastewater debt and the actual cost of debt service, staff proposes to redirect F&B revenues to two other related purposes. One is to increase the share of tax revenue that goes to the Ashland Parks and Recreation commission from 20% to 25%. The remainder of the revenue would be dedicated to debt service on a borrowing to fund a pavement Page 2 of 3 CITY F ASHLAND management program for the City's arterial and collector streets. Current projections indicate that the pavement management program can be fully funded solely with these F&B tax revenues. In addition, the current wastewater debt that is being funded by F&B taxes will be retired in fiscal year 2022. This ordinance stipulates that after FY 2022, if the Council wishes to use F&B tax revenues for purposes other than parks, waste water debt or street repair and rehabilitation, it may do so only by seeking voter approval of an ordinance for those purposes. Lastly, this ordinance contains a referral clause so that it is not enacted unless approved by the voters in the November 8, 2016, election. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: This ordinance does not increase or decrease the food and beverage tax rate of 5%, therefore it does not affect total appropriations in the current budget. The ordinance only re-directs the funding to other purposes. Increasing the Parks' share of F&B revenue to 25% would add between $130,000 and $140,000 to the Parks Fund in FY 2017. In addition, funds that would have gone into the Waste Water Fund will instead be directed to the Street Fund. Debt service on a $10.5 million borrowing for street maintenance would be approximately $711,000 annually. Current projections indicate that the F&B tax revenue available for street maintenance would not reach that level until fiscal year 2020, although by borrowing the funds in stages rather than all at once, the City can fund the pavement management program exclusively with F&B tax revenues. However, if this ordinance is not approved, the urgent need for street maintenance does not disappear and the City will have to identify a different source of revenue to pay for it. STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this ordinance on first reading. SUGGESTED MOTION: I move approval on first reading by title only of an ordinance amending AMC 4.34 and referring said ordinance to the voters of Ashland in the November 8, 2016 general election, and moving the ordinance to second reading at the City Council meeting of August 16, 2016. ATTACHMENTS: Ordinance Pavement Management Strategy Map Minutes of April 20, 2015 study session Minutes of February 29, 2016 study session Page 3 of 3 ~r ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 4.34, FOOD AND BEVERAGE TAX, AND REFERRING THE ORDINANCE TO THE VOTERS OF ASHLAND IN THE NOVEMBER 8, 2016 GENERAL ELECTION Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined dough 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 this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City desires to re-direct a portion of the food and beverage tax to street maintenance activities and to increase the share of food and beverage tax that is directed to the Ashland Parks and Recreation Commission. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Title 4 Revenue and Finance of the Ashland Municipal Code, "Food and Beverage Tax," is hereby amended as follows: SECTION 4.34.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defined in this section unless from the context a different meaning is intended. A. "Caterer" means a person who prepares food at a business site, for compensation, for consumption on or off the business premises but within the corporate limits of the city. B. "Combination facility" has the same meaning as defined in Oregon Administrative 333- 150-0000(4)(i) which the State of Oregon Department of Agriculture licenses or inspects under Oregon Administrative Rule 333-158-0000. C. "Director" means the Director of Finance of the City of Ashland, or his/her designee. D. "Food" includes all prepared food items and beverages, excluding alcoholic beverages, served in a restaurant including "takeout", "to go" or delivered orders. E. "Open Space Park Program" and "Open Space lands or easements" have the same meaning as used in Article XIX A of the Ashland City Charter. F. "Operator" means the person who is proprietor of the restaurant, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee or any other capacity. Where the operator is a corporation, the term operator shall also include each and every member of the Board of Directors of such corporation for the time involved. Ordinance No. Page 1 of 9 G. "Restaurant" means any establishment required to be licensed as a restaurant, mobile unit or pushcart by the State of Oregon Health Division and includes any establishment where food or beverage is prepared for consumption by the public or any establishment where the public obtains food or beverage so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared, and also includes establishments which prepare food or beverage in consumable form for service outside the premises where prepared. The term restaurant includes, but is not limited to grocery store delis, coffee shops, and caterers; it also includes establishments where such food or beverage is prepared in a combination facility. The term restaurant does not include a restaurant licensed by the State of Oregon Health Division as a limited service restaurant. (Ord 2991, amended, 12/01/2009) SECTION 4.34.020 Tax Imposed A. Except for exempt or tax-capped activities specified in AMC 4.34.030, the city imposes and levies, in addition to all other taxes, fees and charges of every kind, a tax upon: 1. All food and beverages sold by restaurants located within the city to the public, except for whole cakes, pies, and loaves of bread if purchased for consumption off premises, and for alcoholic beverages; 2. All food and beverages sold by a caterer for an event located within the city, except alcoholic beverages and exempt events as defined in AMC 4.34.030K; 3. The following items sold by combination facilities: a. Salads from salad bars; b. Dispensed soft drinks and coffee; c. Sandwiches or hot prepared foods ready for immediate consumption; d. The following items, including toppings or additions, scooped or otherwise placed into a cone, bowl or other container for immediate consumption whether or not they are consumed within the confines of the premises where scooped or placed: Any frozen dessert regulated by the Oregon State Department of Agriculture under ORS 621.311 and any ice cream, ice milk, sherbet or frozen yogurt. No tax shall be imposed under this subsection, however, on any item whose volume exceeds one-half gallon or more. e. Any other food mixed, cooked or processed on the premises in form or quantity for immediate consumption whether or not it is consumed within the confines of the premises where prepared; and 4. The following items sold by combination facilities that are bakeries: a. All those items listed in Section 4.34.020.A.3.a-d; b. All bakery products sold for consumption on the premises; and c. All "takeout" or "to go" orders of bakery products prepared on the premises except for whole cakes, pies, and loaves of bread and any order consisting of six or more bakery products. 5. Use of a delivery service for any activity under this Section, whether an independent delivery service or operator provided delivery service, does not excuse the operator from the requirement to collect and remit the tax on the food and beverages sold. B. Such tax shall be imposed at a rate of five percent 55%) on the total amount charged by the seller for the food and beverages, or for the meal. In the computation of this tax any fraction of one-half cent or more shall be treated as one cent. Ordinance No. Page 2 of 9 C. Twenty peireent 0 paid into a Padis Aeeount for purposes of > planning, development and . oir irehabilitation of City parks per the City of Ashland's Capital impirovemen Plan Of the twenty per-eent 0 . (2(~(~) of the amount eolleeted must be used foN Oren Space aequisiti f. (80%) of all taxes eolleeted by the City shall be used for the purpo, of paying Mir wastewater eapital improvement pr-ojeets, per the City of Ashland' s Capital improvement Plan, whieh ineludes, but is not limited to, the waste-watef treatment plant debt. The eouneil may deef-ease the irate of the tax or- eliminate the shall be given by publieati - - - i - - ,"'Spape tr of general eiireulation in the City at least 10 days pirioir to the date of the publi.e-. hoav;na '"b. E. The City may retain up to two peireent 0 C. The taxes collected by the City under this chapter shall be used as follows: 1. Twenty-five percent (25%) shall be paid into a parks account for purposes of acquisition, planning, development, repair and rehabilitation of City parks per adopted plans of the Ashland Parks and Recreation Commission. 2. The City may retain up to two percent (2%) of the tax collected for costs of administration and collection. 3. The following amounts for fiscal years 2017 through 2022 must be used to pay for wastewater treatment plant debt and wastewater capital improvement proiects, per the City of Ashland's Capital Improvement Plan. a. In fiscal year 2017: $2,037,150 b. In fiscal year 2018: $1,608,600 c. In fiscal year 2019: $1,600,600 d. In fiscal year 2020: $1,600,000 e. In fiscal year 2021: $1,650,000 L In fiscal year 2022: $1,650,000 4. Any taxes collected by the City under this chapter and not used as described in subsections 4.34.020C.1-3 shall be paid into the Street Fund and used for street maintenance and reconstruction. 5. Bel4inning in fiscal year 2023, the council may, through the statutory budget pt•ocess, appropriate taxes under this chapter as follows: a. Not less than twenty-five percent (25%) for the acquisition, planning, development, repair and rehabilitation of City parks. b. Not less than an amount necessary to pay for debt service on any borrowing for street repair and rehabilitation per the City of Ashland Pavement Manal4ement Prol4ram. c. Up to two percent (2%) for the collection and administration of the tax. d. Except as provided in subsection 4.34.020.1), any remaining amounts shall be appropriated for purposes consistent with this chapter unless other purposes are approved by a Council-adopted ordinance enacted by a vote of the Ashland electorate. Ordinance No. Page 3 of 9 D. The council may decrease the rate of the tax or eliminate the tax described in subsection 4.34.020.A. and B. after a public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City at least 10 days prior to the date of the public hearing. (Ord 2991, amended, 12/01/2009) SECTION 4.34.030 Exemptions The tax levied by Section 4.34.020 shall be capped, at the amount specified, or shall not be collected or assessed on food or beverages: A. Sold by public or private schools or colleges except that food sold by independent contractor operators at such schools or colleges shall be subject to the tax imposed by this chapter; B. Sold on hospital grounds; C. Provided by bed and breakfast establishments to their guests; D. Sold in vending machines; E. Sold in temporary restaurants including food stands, booths, street concessions and similar type operations, operated by non-profit organizations or service clubs. F. Served in connection with overnight or residential facilities--including, but not limited to, convalescent homes, nursing homes, retirement homes and motels--if the food and beverage are provided as part of the cost of sleeping accommodations. G. Provided by nonprofit tax-exempt organizations to citizens over 60 years of age as a part of a recognized senior citizen nutritional program. H. Sold for resale to the public. L Sold in bulk to the public for non-immediate consumption off the premises including but not limited to ice cream packed in a container of one-half gallon or more. J. Which are candy, popcorn, nuts, chips, gum or other confections but not including ice cream, frozen yogurt, cakes, pies or other desserts. K. Sold by an operator at a single food service event located within the city in which restaurant or catering services, (exclusive of alcohol) exceed $5000.00, in which case, the applicable food and beverage tax shall not be excused but shall be capped at two-hundred fifty dollars ($250.00). (Ord 2991, amended, 12/01/2009) SECTION 4.34.040 Operator's Duties Each operator shall collect the tax imposed by this chapter, to the same extent and at the same time as the amount for the food or beverage is collected from every purchaser. The amount of tax need not be separately stated from the amount of the food or beverage. Every operator required to collect the tax imposed in this chapter shall be entitled to retain five percent of all taxes collected to defray the costs of collections and remittance. (Ord 2991, amended, 12/01/2009) SECTION 4.34.050 Reporting and remitting A. Reporting. Every operator shall, on or before the last day of the month following the end of each calendar quarter (in the months of April, July, October and January), make a return to the director, on forms provided by the City, specifying the total sales subject to this chapter and the amount of tax collected under this chapter. The operator may request or the director may establish shorter reporting periods for any operator if the operator or director deems it Ordinance No. Page 4 of 9 necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. A return shall not be considered filed until it is actually received by the director. B. Remitting. At the time the return is fled, the full amount of the tax collected shall be remitted to the director. Payments received by the director for application against existing liabilities will be credited toward the period designated by the taxpayer under conditions which are not prejudicial to the interest of the City. A condition which is considered prejudicial is the imminent expiration of the statute of limitations for a period or periods. C. Order of Payments. Non-designated payments shall be applied in the order of the oldest liability first, with the payment credited first toward any accrued penalty, then to interest, then to the underlying tax until the payment is exhausted. Crediting of a payment toward a specific reporting period will be first applied against any accrued penalty, then to interest, then to the underlying tax. The director, when in the director's discretion determines that it will be in the best interest of the City, may specify., that a different order of payment credit should be followed with regard to a particular tax or factual situation. The director may establish shorter reporting periods for any operator if the director deems it necessary in order to insure collection of the tax and the director may require further information in the return relevant to payment of the liability. When a shorter return period is required, penalties and interest shall be computed according to the shorter return period. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the City until payment is made to the director. A separate trust bank account is not required in order to comply with this provision. (Ord 2991, amended, 12/01/2009; Ord 2903, Amended, 01/06/2004; Ord 2885, Amended, 08/06/2002) SECTION 4.34.060 Penalties and Interest A. Any operator, who fails to remit any portion of any tax imposed by this chapter within the time required, shall pay a penalty of ten percent of the amount of the tax, in addition to the amount of the tax. B. Any operator who fails to remit any delinquent remittance on or before a period of 60 days following the date on which the remittance first became delinquent, shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the penalty first imposed. C. If the director determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% percent of the amount of the tax shall be added thereto in addition to the penalties stated in subparagraphs A and B of this section. D. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. E. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. F. Notwithstanding subsection 4.34.020.C, all sums collected pursuant to the penalty provisions in paragraphs A, B and C of this section shall be distributed to the City of Ashland Central Service Fund to offset the costs of auditing and enforcement of this tax. Ordinance No. Page 5 of 9 G. Waiver of Penalties. Penalties and interest for certain late tax payments may be waived pursuant to AMC 2.28.045 D. (Ord 2991, amended, 12/01/2009; Ord 2983, Amended, 06/05/2009) SECTION 4.34.070 Failure to Collect and Report Tax--Determination of Tax by Director If any operator should fail to make, within the time provided in this chapter, any report of the tax required by this chapter, the director shall proceed in such manner as deemed best to obtain facts and information on which to base the estimate of tax due. As soon as the director shall procure such facts and information as is able to be obtained, upon which to base the assessment of any tax imposed by this chapter and payable by any operator, the director shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the director shall give a notice of the amount so assessed by having it served personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at the last known place of address. Such operator may make an appeal of such determination as provided in section 4.34.080. If no appeal is filed, the director's determination is final and the amount thereby is immediately due and payable. (Ord 2991, amended, 12/01/2009; Ord 2885, Amended, 08/06/2002) SECTION 4.34.080 Appeal Any operator aggrieved by any decision of the director with respect to the amount of such tax, interest and penalties, if any, may appeal pursuant to the Administrative Appeals Process in AMC 2.30.020, except that the appeal shall be filed within 30 days of the serving or mailing of the determination of tax due. The hearings officer shall hear and consider any records and evidence presented bearing upon the director's determination of amount due, and makes findings affirming, reversing or modifying the determination. The findings of the hearings officer shall be final and conclusive, and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord 2991, amended, 12/01/2009; Ord 2885, Amended, 08/06/2002) SECTION 4.34.090 Records It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this chapter to keep and preserve, for a period of three years, all such records as may be necessary to determine the amount of such tax. The director shall have the right to inspect all records at all reasonable times. (Ord 2991, amended, 12/01/2009) SECTION 4.34.100 Refunds A. Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once, or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subparagraph B of this section, provided a claim in writing, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the director within one year of the date of payment. The claim shall be on forms furnished by the director. B. The director shall have 20 calendar days from the date of receipt of a claim to review the claim and make a determination in writing as to the validity of the claim. The director shall notify the claimant in writing of the director's determination. Such notice shall be mailed to Ordinance No. Page 6 of 9 the address provided by claimant on the claim form. In the event a claim is determined by the director to be a valid claim, an operator may claim a refund, or take as credit against taxes collected and remitted, the amount overpaid, paid more than once or erroneously or illegally collected or received in a manner prescribed by the director. The operator shall notify director of claimant's choice no later than 15 days following the date director mailed the determination. In the event claimant has not notified the director of claimant's choice within the 15 day period and the operator is still in business, a credit will be granted against the tax liability for the next reporting period, if the operator is no longer in business, a refund check will be mailed to claimant at the address provided in the claim form. C. No refund shall be paid under the provisions of this section unless the claimant established the right by written records showing entitlement to such refund and the director acknowledged the validity of the claim. (Ord 2991, amended, 12/01/2009; Ord 2903, Amended, 01 /06/2004) SECTION 4.34.110 Actions to Collect Any tax required to be paid by any operator under the provisions of this chapter shall be deemed a debt owed by the operator to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the City Of Ashland for the recovery of such amount. In lieu of filing an action for the recovery, the City of Ashland, when taxes due are more than 30 days delinquent, can submit any outstanding tax to a collection agency. So long as the City of Ashland has complied with the provisions set forth in ORS 697.105, in the event the City turns over a delinquent tax account to a collection agency, it may add to the amount owing an amount equal to the collection agency fees, not to exceed the greater of fifty dollars or fifty percent of the outstanding tax, penalties and interest owning. (Ord 2991, amended, 12/01/2009; Ord 2931, Amended, 09/19/2006; Ord 2885, Amended, 08/06/2002) SECTION 4.34.120 Violations All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation of this chapter for any operator or other person to: A. Fail or refuses to comply as required herein; B. Fail or refuse to furnish any return required to be made; C. Fail or refuse to permit inspection of records; D. Fail or refuse to furnish a supplemental return or other data required by the director; E. Render a false or fraudulent return or claim; F. Fail, refuse or neglect to remit the tax to the city by the due date. Violation of subsections A-D and F above shall be considered a Class I violation. Filing a false or fraudulent return shall be considered a Class C misdemeanor, subject to AMC 1.08. The remedies provided by this section are not exclusive and shall not prevent the City from exercising any other remedy available under the law, nor shall the provisions of this ordinance prohibit or restrict the City or other appropriate prosecutor from pursuing criminal charges under state law or city ordinance. (Ord 3023, amended, 08/03/2010; Ord 2991, amended, 12/01/2009; Ord 2885, Amended, 08/06/2002) SECTION 4.34.130 Confidentiality Ordinance No. Page 7 of 9 Except as otherwise required by law, it shall be unlawful for the city, any officer, employee or agent to divulge, release or make known in any manner any financial information submitted or disclosed to the city under the terms of this chapter. Nothing in this section shall prohibit: A. The disclosure of the names and addresses of any person who are operating a restaurant; or B. The disclosure of general statistics in a form which would prevent the identification of financial information regarding an individual operator; or C. Presentation of evidence to the court, or other tribunal having jurisdiction in the prosecution of any criminal or civil claim or an appeal for amount due the city under this chapter. D. The disclosure of information when such disclosure of conditionally exempt information is ordered under public records law procedures. E. The disclosure of records related to a business's failure to report and remit the tax when the report or tax is in arrears for over six months or the tax exceeds $5,000.00. The City Council expressly finds and determines that the public interest in disclosure of such records clearly outweighs the interest in confidentiality under ORS 192.501(5). (Ord 2991, amended, 12/01/2009; Ord 2885, Amended, 08/06/2002) SECTION 4.34.140 Examining Books, Records, or Persons The city, for the purpose of determining the correctness of any tax return, or for the purpose of an estimate of taxes due, may examine or may cause to be examined by an agent or representative designated by it for that purpose, any books, papers, records, or memoranda, including copies of operator's state and federal income tax return, bearing upon the matter of the operator's tax return. (Ord 2991, amended, 12/01/2009; Ord 2885, Amended, 08/06/2002) SECTION 4.34.160 Termination of tax This chapter shall expire on December 31, 2030, unless extended by a vote of the electorate. (Ord 2991, amended, 12/01/2009) SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 3. Savings. Notwithstanding any amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2-4) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. Ordinance No. Page 8 of 9 SECTION 5. Pursuant to Resolution No. 2016- , the Ashland City Council has referred this ordinance to the voters for approval at the general election of November 8, 2016. Accordingly this ordinance shall not be effective unless and until approved by the voters of the City of Ashland and following the official acceptance of the canvas of votes. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the day of , 2016, and duly PASSED and ADOPTED this day of , 2016. Barbara M. Christensen, City Recorder SIGNED and APPROVED this day of , 2016. John Stromberg, Mayor Reviewed as to form: David H, Lohman, City Attorney Ordinance No. Page 9 of 9 ~ r~. ~ ~ye~ t R ~ a . ~ b r ~ L r ,l ~ ~ ~►~9~ e ~ ,r ~ ~ , d 4~~~ i z ~ ~ ~ ~ F ~ t, ~ ti a ~ ~ ~ ~ ~ e. LL, ~ E ~ ~ ~"~rrr ~ ~ ;z K ~ , ~ ~ ~ - ~ F' r ~ ~ ~ ~ w ~ s. ~ r r' ~;f ~ 6 O ~ c s;y Ygr fp ~ ` d. r4 . ~ x s ?~xae~~,a, s~; ~ 1 zr ~ u. ~ ~ a ,j~" iE~3: s,z ~1d x t`„ ' x ~ ~ tB ..a ~ 9 r ~ rv 3¢X' a y ry. a e f TTT s- a: ~ ~ o T s ~ ~ ~ ~ t T.~-~ ~ ~ ~ fi a ~~'sa~~w ~m~ s r; ~,~aa f k ~ y r~ p~~-. n , ~ ~ ~"w ~ia 6 ~i ~ ~ 4 ~i~ u.. 4 ~ e, s ~ ' " ~ ' y . ~ o a , ~ ~ ~ ~ ~ N ~ ~ ~ ~ r ~ r ►r~ ~N ~ ~ 1 R v: e. ~ ~ r ~ ~ ~ 4. ~ ~ 9 ~ u ~ ~ ~ 6wc N r e e e~ ~ ~ ~ ~ ~ ~~yv P t ~ 'r ~J Pr .fi 'E°X'~a ay r ~ s ~ .n~ P ,s ~ ~ ~ r, k~ ~ r r, r" ~ >5 g 'viii i s~ g~ ~ s ~ j s~ ' p ~ , „ ~ ~ ~r °ki 4 ¢ .pt, ~ ~i City Council Study Session April 20, 2015 Pagel of 2 MINUTES FOR THE STUDY SESSION ASHLAND CITY COUNCIL Monday, April 20, 2015 Siskiyou Room, 51 Winburn Way Mayor Stromberg called the meeting to order at 5:30 p.m. in the Siskiyou Room. Councilor Morris, Marsh, Rosenthal, Voisin, Seffinger, and Lemhouse were present. 1. Public Input (15 minutes maximum) Huelz Gutcheon/2253 Highway 99/Spoke on the transportation safety index. He divided transportation into five sections, transportation, recreation, and exercise, socialize, and spiritualize, and described the first four. Traveling in Ashland without a safety container presented 1.3 million likelihood of incurring body mutilation of some degree compared to a safety container person traveling at 25 miles per hour. However, fossil fuel carbons were killing the planet. This presented the fifth category of spiritual transportation also known as "do no harm." People could drive electric cars instead, learn about climate repair, attain jobs that repair the climate, and have a life. This was not an easy task. 2. Look Ahead review City Administrator Dave Kanner reviewed items on the Look Ahead. 3. Pavement management strategy Public Works Director Mike Faught explained funding for street maintenance was a problem nationwide. A 2007 Council Communication indicated the City was $2,000,000 short regarding street funds annually. In 2009, staff recommended a pavement management strategy that focused on slurry seals and overlays versus expensive reconstructs. Pavement life cycle was 20 years. If no maintenance occurred, the street would require a reconstruct year 25. An overlay every 1.5 years extended road life and kept costs down. Slurry seal was a treatment that substantially extended residential roads if done every 25 years. Crack sealing and base repair prevented water from getting into the sub grade. Slurry seal provided a new riding surface and added time to the life of residential roads. The Street Department did not have sufficient staff and needed four temporary employees for six months to prepare roads for slurry seal. The cost per mile for slurry seal was $28,000, or $3 per square yard. Slurry seal did not provide structure. Overlays brought structure and extended road life. Staff usually relied on visual to determine the pavement condition index (PCI). This year they hired a company to measure movement and take core samples on arterials and collectors. Utility Technician Steve Burkhalter passed around core samples and explained the damage incurred from water seeping through asphalt cracks. Cost to maintain the system with overlays every 15 years was $128,000,000. Reconstructing was $285,000,000 and entailed tearing the streets down to the base and fixing possible structural issues. The goal was rebuild on the value of the PCI. Mr. Faught had not received many complaints on the utility cuts and repairs. The slurry seal should not create settling. Staff prioritized overlays first to effectively use available funds. They would look at other funding options for roads on the reconstruct list. Staff would bring funding strategies to Council in October. Siskiyou Boulevard and Ashland Street were eligible to receive possible grant money and subsequently not on the list. The City currently had a street user fee methodology not based on trip generation. Hansford Economic Consulting recommended implementing trip generation rates using customer classes indentified in the Institute of Transportation Engineers (ITE) Manual. City Council Study Session April 20, 2015 Page 2 of 2 Staff confirmed the City did not maintain unpaved roads. Paving gravel roads required neighbors forming a local Improvement District (LTD). Mr. Faught would research and bring back information regarding a Council suggestion for a fee structure based on geography that charged people who lived further away from the downtown core a higher rate. The Public Works Department updated their budget to include the four temporary employees and increased the slurry seal fund from $100,000 to $200,000. 4. Downtown parking and multi-modal transportation ad-hoc committee update Public Works Director Mike Faught explained that staff had hired a new parking consultant, Rick Williams, to complete the plan and help the Downtown Parking and Multi-Modal Transportation ad-hoc Committee with the final stages. The Street Fund would' pay the $35,000 to cover consultant costs. It would cost $32,000 for architectural renderings of the downtown study area. The Committee proposed going from three lanes to two lanes on East Main Street, adding a bike lane and truck loading zones. The proposal included a state recommendation to remove the traffic light at Heiman Street. It would also eliminate 21 parking spaces including those in front of Brothers Restaurant. The plan placed new traffic lights at Oak Street and Main Street as well as Oak Street and Lithia Way for pedestrian traffic. The signals would synchronize with other lights on each street. The proposal would establish truck-loading zones, one per block on both sides of the road until 4:00 p.m. when the area became parking. This would increase sidewalk area up to three feet in certain areas. Trucks could also use side streets as loading zones if needed. The Public Works Department hired Traffic Engineer Kim Parducci to review downtown transportation. The Committee struggled with additional parking structures versus distribution. Mr. Williams would help resolve those issues. Next steps included the Oregon Department of Transportation (ODOT) State Transportation Program (STP) process. The City hired Al Densmore of John Watt Associates to assist with funding and lobbying that would cost $2,500 a month. Meeting adjourned at 6:40 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder City Council Study Session February 29, 2016 Page 1 of 3 MINUTES FOR THE STUDY SESSION ASIILAND CITY COUNCIL Monday, February 29, 2016 Siskiyou Room, 51 'Winburn Way Mayor Stromberg called the meeting to order at 5:32 p.m. in the Siskiyou Room. Councilor Rosenthal, Morris, Marsh, Voisin, Lemhouse, and Seffinger were present. 1. Public Input Zach Brombacher/1370 Tolman Creek Road/Lived on Tolman Creek Road for 40-50 years and reported on two issues. The first involved the intersection at the Bellview Elementary School. The intersection was dangerous. He suggested the City put in a stop light. The (-,(her issue was storm water drainage on I lane lton Creek. Infill in that area was increasing the amount storm water that drained onto his property and his neighbors. They could no lodger use 75-feet of land on either side of the creek. This was not fair to local landowners. Now a developer was planning an eight-(louse subdivision that would result in even more drainage onto his property. I le asked the City to look into the situation and consider adding a drainage pipe to alleviate the issue. Huel7 Gutcheon/223 Hwy 99/Congratulated Council on the Climate Energy Action Plan. He addressed the recent Greenhouse Gas Inventory report and noted inconsistencies and that his document on the subject was not included in the request for proposal. 2. Look Ahead review Citv Administrator Dave Kanner reviewed items on the Look Ahead. 3. Continued discussion of street maintenance and funding needs Public Works Director Mike naught introduced Utility 'I eehnician Steve Burkhalter from the Streets Division, and Public Works Superintendent Mike Morrison. Mr. Morrison provided a video showing various road conditions, the use Of the pavement condition index (PCI) to grade city streets, a falling weight deflectometer to determine conditions below the surface, and repair recommendations for specific streets. Mr. Burkhalter explained the Streets Division milled a street down to its structural integrity then would overlay the road accordingly. They based repair on the age of a road, traffic load, and traffic flow design. The Streets Division prioritized roads by traffic loads. Arterials were first, and then collectors based on traffic volumes. The goal was preventing them from fallin.r into reconstruction that was very expensive. Mr. l-aught noted asphalt had a 20-year life and they tried to overlay at year 15 for general arterials and collectors. 'They could extend residential streets with slurry seal. The Street Division performed structural testing on the arterials and collectors and only visual rating for residential roads. Staff explained there was $10,500,000 for arterial collector and collector streets. There was $3,000,000 for the East Nevada project and $3,000,000 for Capital Improvement Projects (CIP). Additionally, there was $19,700,000 for unfunded roads. City Administrator Dave Kanner added the initial $10.500.000 pavement project needed to occur within the next five years to prevent more of the arterial and collector streets from falling into the failure category. Residential overlays could extend over a longer period. The City needed to raise $ 19,700,000 over a period of decades. Mr. Burkhalter clarified deflection testing was random and did not include the full length of a road. There was also a difference with the type of testing. Project level testing tested every 100 feet for design. On the collectors, they tested every 300 feet. City Council Study Session February 29, 2016 Pa,_,e 2 of 3 Mr. Faught further explained (lie five-year CIP plan. The Last Nevada Street was $3,000,000, the new Independence Road was $1.200,000, and the rest were sidewalk projects. The $10,500,000 pavement project would bring the roads indicated up to an adequate level and prevent the potential of reconstructs. Mr. Kanner addressed funding and possibly using the Food arid Beverage (F&B) tax to pay for street improvements. Currently F&B tax went towards the Wastewater Treatment Plant debt until 2022. The Cite refinanced the Wastewater Treatment Plant debt and it would slowly decline until paid off in 2022. While this was happening, the F&B tax revenue was increasing creating a gap no longer needed for the treatment plant debt. Based on the past, staff was comfortable forecasting this was the trajectory. Mr. Kanner proposed applying the gap no longer needed for ,vastewater debt to street maintenance primarily the $10,500,000 pavement maintenance program. The amount for 2017 would be approximately $679.000. The City would incur new debt for other wastewater treatment projects, but the cost of the debt service for those projects was built into ~vastewatcr rates anticipated in the Wastewater Master Plan. Ry 2022, the gap in F&B tax would be $1, 350,000. Mr-. Kanner proposed amending the ordinance to increase the Parks and Recreation Department's portion of F&B tax to 25% to help their equipment replacement fund. I le thought the City could fund the $10.500.000 pavement program using F&B tax and possibly a slight increase over time to the transportation utility fee. In 2023, the debt service for the Wastewater Treatment Plan would end. There was an opportunity at that point to start banking, F&B tax for the other $19,700,000 projects. If Council agreed, he would bring an ordinance back that real located F&B tax dollars. Staff was still factoring details. I Ic talked to focus groups and people in general supported using those dollars for street repair. This did not require deferring changes to the F&B tax to voters. Staff would look into the percentage of traffic volume tourists added to wear on the streets. Mr. Kanner clarified the City could not defuse debt until the last two years due to the recent refinance. The debt at this point was $9,000,000 to $10,000,000 on the treatment plant. Tlie F&B tax would sunset 2030. Mr. Kanner- had some hesitation funding capital improvement projects with F&B tax and wanted to see if the City received a grant for the East Nevada project before committing to borrowing money. The one thing that needed to happen right away was borrowing the $10,500,000 to do the pavement maintenance project. The rest did not need to happen immediately. Mr. Faught noted they had the internal capacity to manage the project but it would be a challenge. Mr. Kanner clarified the financial projections indicated the City could cover the debt service on wastewater treatment projects or upgrades with operating cash. Financial projections noted substantial growth in the Waste Water Fund Balance even with new debt service. -1 he fund balance was larger than needed. Mr. Burkhalter explained with the exception of three overlays in 2009, the Streets Division had not done any overlays for 15-20 years. Currently 65% of the entire street network was 20 years or older. Within the next five years, it would increase to 75%. Mr. Faught clarified the East Nevada project and new Independent Way Street were high priorities regarding connectivity. Council could bump the projects and use those funds for street repair- if they Nvanted. I lansford Consulting advised the City to bond in phases, possibly every 2-3 _years. Mr. Kanner proposed moving away from a fixed percentage of allocating this money for wastewater debt and street maintenance and go to a "`cost plus" model. The City could allocate the dollar- amount needed from F&B tax for wastewater debt, add a small percentage to continue building the reserve and the wastewater fund, and put the remaining balance towards street improvements. City Council Study Session February 29, 2016 Pa,e > of 3 Council discussed concerns reallocating funds to street maintenance, and having a public discussion daring a regular Council meeting about putting it out to the voter;. Mayor Stromberg spoke to someone at the Visitor Convention Bureau (VCB) who stated that Ashland received 300,000 visitors a year. Council directed staff to bring the matter back to a r-egulai- Council meeting and explain the rationale for raising the Parks and Recreation Department percentage to 25%. 4. Discussion of Citizen Planning Advisory Committee Councilor Voisin wanted Council to consider reactivata:ng the Citizen Planning Advisory Committee (C PAC) for a trial period of two years and explained why. Councilor Rosenthal left the meeting at 6:43 p.m. Council did not support reactivating CPAC and directed staff to bring an ordinance to a future Council meeting to repeal Ashland Municipal Code Chapter 2.27 and transfer Committee Citizen Involvement (CCI) responsibilities to the Planning Commission. Meeting adjourned at 6:58 p.m. Respectfully submitted, Dana Smith Assistant to the City Recorder CITY OF ^ASH LAN D Council Communication August 2, 2016, Business Meeting A Resolution to Submit Ballot Title to City Elections Officer of Election on a Measure to Amend AMC 4.34, Food and Beverage Tax at the November 8, 2016, General Election FROM: Dave Kanner, city administrator, dave.kanner@ashland.or.us SUMMARY This is a resolution that allows the City Recorder, the City's elections officer, to initiate the noticing required for the City to refer amendments to the Food & Beverage Tax ordinance to the November ballot. Although the Council has not yet officially referred the amended ordinance, the timelines for doing so are tight, and giving the City Recorder a two-week head start will help facilitate the process of placing the matter on the ballot within the mandated deadlines. BACKGROUND AND POLICY IMPLICATIONS: The City Council is considering amendments to Ashland's Food and Beverage Tax ordinance and has expressed a desire to refer those amendments to the voters in the November 8, 2016, general election. In light of the tight timeline and pending deadlines for public notice and submission of the ballot title, the City Recorder and the City Attorney have suggested a two-step process for placing this matter on the ballot. The first step, which is accomplished by this resolution, is to have the City Recorder give notice of the receipt of ballot title. The second step, which will be taken at the August 16, 2016, Council meeting, is the formal adoption of the ballot title and the adoption of a resolution referring the matter to the ballot. Should the Council decide to not refer the ordinance, that second step would simply not be taken. However, there is no harm in taking this first step. COUNCIL GOALS SUPPORTED: N/A FISCAL IMPLICATIONS: N/A STAFF RECOMMENDATION AND REQUESTED ACTION: Staff recommends approval of this resolution. SUGGESTED MOTION: I move approval of a resolution titled, "A resolution of the City of Ashland to submit ballot title to City Elections Officer of election on a measure to amend AMC 4.34, food and beverage tax at the November 8, 2016, general election". ATTACHMENTS: Resolution with proposed ballot title language Page l of l ,V 4 RESOLUTION NO. 2016- RESOLUTION OF THE CITY OF ASHLAND TO SUBMIT BALLOT TITLE TO CITY ELECTIONS OFFICER OF ELECTION ON A MEASURE TO AMEND AMC 4.34, FOOD AND BEVERAGE TAX AT THE NOVEMBER 8, 2016, GENERAL ELECTION THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City Council wishes to submit to the qualified voters of the City the Question of approving or rejecting "An Ordinance Amending AMC 4.34, Food and Beverage Tax" in the November 8, 2016, general election. SECTION 2. The City Recorder shall give notice of the receipt 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 3. The proposed ballot title for this measure is set forth in Exhibit A, attached. SECTION 4. The City Attorney is authorized to alter the text of the ballot to comply with any rules, procedures or practices of the Elections Officer of Jackson County to implement the requirement of Oregon law. The resolution is effective upon signing by the Mayor. 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 Page 1 of 1 EXHIBIT A City of Ashland, Ballot Measure, November 8, 2016, General Election Approval of an ordinance amending AMC Chapter 4.34, Food and Beverage Tax, and referring the ordinance to the voters of Ashland in the November 8, 2016 general election Caption: Approving use of food and beverage tax for street maintenance Total 101vords (10 words permitted per ORS 250.035) Question: Shall Ashland voters enact a Council-approved ordinance to use food and beverage tax revenue for street repair and rehabilitation? Total 19 words (20 tivords permitted per ORS 250.035 20) Summary: The Ashland City Council has approved an ordinance increasing the share of Ashland Parks and Recreation Commission food and beverage tax revenue and dedicating a share of food and beverage tax revenue to a street repair and rehabilitation program. The ordinance becomes effective upon approval by the voters of Ashland. The ordinance does not change the current tax rate of 5% and does not change the tax's current sunset date of December 31, 2030. The City's current food and beverage tax ordinance directs 20% of all tax revenues to park land acquisition and development, and 80% of all tax revenues to debt service on the City's waste water treatment plant. The ordinance for which the City seeks approval would increase the share of tax revenue for parks to 25% and would set aside a fixed amount of revenue for waste water debt, with any revenues not required for that debt directed to the Street Fund for a pavement management program. Total 160 words (175 tivords permitted per ORS 250.035) 1