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2022-08-02 Council Meeting
ASHLAND CITY COUNCIL BUSINESS MEETING AGENDA Tuesday, August 2, 2022 View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via rvtv.sou.edu select RVTV Prime. HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access) The Special Business Meeting will be held in Council Chambers, 1175 E. Main Street. Written and oral testimony will be accepted for public input. For written testimony, email public-testimonyna,ashland.or.us using the subject line: Ashland City Council Public Testimony. For oral testimony, fill out a Speaker Request Form at ashland.or.us/saeakerreguest and return to the City Recorder. 6:00 PM Regular Business Meeting* CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. MAYOR'S ANNOUNCEMENTS 1. Land Acknowledgement** 2. Hiroshima Proclamation V. APPROVAL OF MINUTES Minutes of Boards, Commissions and Committees*** VI. SPECIAL PRESENTATIONS & AWARDS 1. Climate Change Policy Commission — Home Energy Score Program Graham — Stef- score. List of priorities. Staff recommendation — keep going 2. Fire Season Preparation Update Update on the fire. Powerpoint presentation (see attached). Items discussed were: Number of calls and Number of Firefighters 2015 Number of calls and firefighters • 2021 Number of calls and firefighters • Urban Infill • Calls for Service • Call Volume and overlapping Calls Forecast • Number of Responses for each hour • Shift Schedule • Staffing Level • NFPA Overview • AFR Staffing National Standards • Current Minimal Staffing of 8 • Minimal Staffing of 10 • Fire Season Preparation • Wildfire/Community Risk Reduction Chris Chambers • Ashland Comprehensive • National Cohesive Wildland Fire Management Strategy • City and Parks Forestlands Management: The Ashland Forest Plan • Adapting City and Parks Forest to Climate Change • Dying Pines: One signal of climate change • Interdepartmental Vegetation • Ashland Forest Resiliency • Predicted Flame Length before AFR Project • Predicted Flame Length After AFR Project • Leveraging Completed Fuels Reduction to Plan Suppression: PODs • Smoke Preparedness • Preparing together — Ashland Chamber • Tent Cards Distributed to Ashland Businesses • Fire Adapted Ashland: Our Community Wildfire Safety Program • Codes and Ordinances • Wildfire Safety Campaign • Wildfire Risk Assessment Program • Bark Mulch Flammability Test • Real Estate Wildfire Education Program • $3 Million FEMA Mitigation Grant • Wildfire Risk is Rising: What more can we do? 3. Police Annual Report 4. Croman Mill Site Remediation Update VII. PUBLIC FORUM VIII. CITY MANAGER REPORT IX. CONSENT AGENDA 1. Approval of MOD Pizza Liquor License X. PUBLIC HEARINGS XI. UNFINISHED BUSINESS Consideration of ballot referendum item for November 8, 2022 General Election: 1. Second Reading of Ordinance No. 3212 Relating to the Food and Beverage Tax; Amending AMC 4.34.020 and 4.34.160 and Approve Resolution 2022-23 Referring Ordinance 3212 to City Elections Officer XII. NEW AND MISCELLANEOUS BUSINESS 2. Board and Commissions Update — Resolution Creating Standing Advisory Committees 3. Council initiation of amendments to Chapter 18 — Land Use, relating to provisions for food trucks 4. League of Oregon Cities - 2023 Legislative Priorities Ballot Request 5. ESCO PD XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. First Reading - Telecommunications Ordinance Updates (5G) XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS XV. ADJOURNMENT OF BUSINESS MEETING *Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)] **LAND ACKNOWLEDGEMENT We acknowledge and honor the aboriginal people on whose ancestral homelands we work — the Ikirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native communities who make their home here today. We honor the first stewards in the Rogue Valley and the lands we love and depend on: Tribes with ancestral lands in and surrounding the geography of the Ashland Watershed include the original past, present and future indigenous inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize and acknowledge the Shasta village of K'wakhakha - "Where the Crow Lights" - that is now the Ashland City Plaza. ***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found at the City's website, htti)s://www.ashland.or.us/Aeendas.asn . Use the View By box to select the Board or Commission information you are seeking. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager'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). PROCLAMATION • Nuclear weapons are the most devastating weapons ever created by humankind, posing an intolerable risk to human survival. The threat of their use is increasing. • Ashland's public commitment to end the threat of nuclear catastrophe dates to 1982, when its citizens passed a ballot measure declaring the city a Nuclear Free Zone. • Ashland became a Mayors for Peace city in 1998, responding to a global invitation from the mayors of Hiroshima and Nagasaki to work for the abolition of nuclear weapons. There are currently 7,909 Mayors for Peace cities in 164 nations and regions, including 218 in the U.S. and 7 in Oregon. • Mayors for Peace enthusiastically supports the new Treaty on the Prohibition of Nuclear Weapons, adopted in July 2017 under United Nations auspices. It will enter into force when it has been ratified by 50 states parties. 40 have ratified thus far. • In June 2019, the Oregon Legislature passed Senate Joint Memorial 5, calling on the President and Congress to lead global efforts to reduce the threat of nuclear war. • In June 2020, the U.S. Conference of Mayors adopted its 16th consecutive annual resolution urging the President and Congress to provide leadership to prevent nuclear war and enter into negotiation to eliminate nuclear weapons. • The .U.S. Conference of Mayors' resolution calls for a reconceptualized interest in human -centered security; a redirection of funds that are currently allocated to nuclear weapons and unwarranted military spending; support for safe and resilient cities to meet human needs. It urges support for the UN Secretary -General's call for an immediate global ceasefire, helping the world community to address the COVID-19 pandemic. • During August 6th through the 9th, concerned citizens from civic organizations and faith communities in Ashland and the Rogue Valley will commemorate the atomic bombings of Hiroshima and Nagasaki. This will begin a 12-week period of public education and action to renew our commitment to prevent such weapons from being used again. NOW THEREFORE, THE City Council and Mayor, on behalf of the citizens of Ashland, hereby proclaim August 6, 2022, as: "Hiroshima Day" and hereby proclaim August 9, 2022, as: "Nagasaki Day" in the City of Ashland, and invite all citizens to participate in the Hiroshima - Nagasaki Vigil activities. Signed this day of , 2022 Julie Akins, Mayor Melissa Huhtala, City Recorder ASHLAND CITY COUNCIL BUSINESS MEETING DRAFT MINUTES Tuesday, June 21, 2022 View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via rvtv.sou.edu select RVTV Prime. HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access) The Special Business Meeting will be held in Council Chambers,1175 E. Main Street. Written and oral testimony will be accepted for public input. For written testimony, email public-testimony(a,,ashland.or.us using the subject line: Ashland City Council Public Testimony. For oral testimony, fill out a Speaker Request Form at ashland.orms/sveakerrequest and return to the City Recorder. 6:00 PM Regular Business Meeting* I. CALL TO ORDER Mayor Akins called the Council Business Meeting to order at 6:00 PM II. PLEDGE OF ALLEGIANCE III. ROLL CALL Councilors' Hyatt, Graham, Seffinger, DuQuenne and Jensen were present. Councilor Moran was absent. IV. MAYOR'S ANNOUNCEMENT V. Land Acknowledgement** Councilor Graham read the land acknowledgment. VI. APPROVAL OF MINUTES 1. Business Meeting of June 7, 2022 Hyatt/DuQuenne moved to approve the minutes. Discussion: None. All Ayes. Motion passed unanimously. Minutes of Boards, Commissions and Committees*** VII. SPECIAL PRESENTATIONS & AWARDS 1. James M. Ragland Memorial Volunteer Spirit Service Award Citizen Mike Hersh was awarded the James M. Ragland Memorial Volunteer Service Award. Councilor Seffinger presented the award. She spoke thanking Mr. Hersh for all of his many years of volunteer work and services to the City. The award was accepted by his wife Char Hersh. 2. Alan C. Bates Public Service Award Councilor Seffmger was awarded with the Alan. C. Bates Public Service Award. Councilor Jensen presented this award. He spoke in appreciation of her service to the City. 3. Band Board Annual Report Not in attendance; moved to a future meeting. VIII. PUBLIC FORUM Mira — Ashland — Thanked Council. She spoke regarding the benefits of electrification. Sara Servantes — Ashland -Spoke regarding climate change and the importance to keep the Community safe. Sue Wilson — Ashland — Spoke requesting the Juneteenth celebration be continued. Linda Peterson Adams — Ashland — Read a statement into the record regarding working together (see attached). Leda Shepiro — Ashland — Spoke regarding the City survey. IX. CITY MANAGER REPORT City Manager Joe Lessard gave the Manager Report. Items discussed were: • Pallet Housing Program • Referendums and Initiatives options and deadlines Council discussed ballot measure options. Jensen/Hyatt moved to request staff to bring forth a process and language for Council to consider endorsing the pure Food and Beverage Ballot Measure as presented by the Parks Commission. Discussion: None. Roll Call Vote: Hyatt, Graham, Seffinger and Jensen: YES. DuQuenne: NO. Motion passed 4-2. DuQuenne/Graham moved to give Staff direction on July 5tb to come back to Council with verbiage for the proposed ballot measure that was presented to Council from City Manager Joe Lessard and also with verbiage for the ballot that was brought to Council today regarding the pure Food and Beverage. Discussion: DuQuenne spoke to the importance to look at both. Graham spoke regarding the proposals and that it is important to look at both. Hyatt clarified that July 51h is a business meeting not a Study Session it is a Business Meeting. She spoke in support of the motion. Jensen spoke that he will not support the motion and his reasons why. Lessard explained the workload this would be for Staff. Graham spoke that she would like to decide on a path on July 51h and then direct Staff to bring back information. Roll Call Vote: Jensen, DuQuenne, Hyatt, Seffinger and Graham: YES. Motion passed unanimously. X. CONSENT AGENDA 1. Reconfirmation of agenda items from June 14, 2022 Special Called Business Meeting Hyatt/Graham moved to approve Reconfirmation of agenda items from June 14, 2022 Special Called Business Meeting. Discussion: None. Roll Call Vote: Hyatt, Graham, Seffinger, DuQuenne and Jensen: YES. All Ayes. Motion passed unanimously. 2. Resolution adopting proposed City of Ashland Vision and Value Statement Jensen pulled this item. Jensen spoke suggested grammatical changes. Jensen/Seffinger moved to make 2 small changes in the Vision Statement: Remove "lives within its means" and change community of affordability to read with a focus on housing and child care. Discussion: Hyatt thanked all who has been working on this and spoke in support of the vote. Roll Call Vote: DuQuenne, Seffinger, Jensen, Hyatt and Graham: YES. Motion passed unanimously. Hyatt/Graham moved to adopt the Resolution adopting the proposed City of Ashland Vision and Value Statement as amended. Discussion: None. Roll Call Vote: Jensen, Hyatt, Graham, DuQuenne and Seffinger: YES. Motion passed unanimously. 3. Resolution adopting Wildfire Mitigation Plan for the City of Ashland Electrical Department DuQuenne pulled this item. Electric Director Thomas McBartlett gave a Staff report. Graham/Hyatt moved to approve Resolution No. 2022-20 adopting a wildfire mitigation plan for the City of Ashland's electric utility and to direct staff to make the appropriate filings of the plan with the Oregon PUC. Discussion: Graham thanked Staff and spoke in support of the motion. Hyatt spoke in appreciation and in support of the motion. Roll Call Vote: Jensen, Hyatt, Graham, DuQuenne and Seffinger: YES. Motion passed unanimously. XI. PUBLIC HEARINGS XII: UNFINISHED BUSINESS 1. Adoption of Miscellaneous Fees & Charges for FY 2023 and Repealing Resolution 2022-06 Lessard gave a brief Staff report. Community Development Director and Public Works Director Scott Fleury discussed Community Development Fees and Public Works Fees. Council discussed the Fees and Charges. Graham/Hyatt moved to approve Resolution 2022-13 with the fee changes in section 4 and section 10 removed from exhibit A. Discussion: Graham spoke in support of the motion and the importance in helping our community members. Hyatt spoke in support of the motion. Roll Call Vote: Jensen, Hyatt, Graham, and Seffinger: YES. Councilor DuQuenne: NO. Motion passed 4-1. 2. Approval of Tourism Grants to Non -Profit Entities Assistant City Manager Sabrina Cotta gave a brief Staff Report. DuQuenne asked to recuse herself from this item due to being the founder of Southern Oregon Pride. Hyatt/Graham moved to accept DuQuenne's request to recuse herself from this vote. Discussion: None. Voice Vote: All Ayes. Motion passed unanimously. Jensen/Seffinger moved to adopt the recommend allocations made by the 2021-22 Tourism Subcommittee and approved by the Citizens' Budget Committee with $80,000 being allocated to tourism, as listed in attachment. Discussion: Seffinger spoke that this was a well done process. Hyatt gave spoke in gratitude to Finance Administrative Assistant Natalie Thompson for all of her work. Roll Call Vote: Graham, Seffinger, Jensen and Hyatt : YES. Motion passed unanimously. XII. NEW AND MISCELLANEOUS BUSINESS XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Approval of Pathway Janitorial Service Contract Public Works Director Scott Fleury presented the Council with a Staff Report. Council discussed options. Jensen/Hyatt moved to approve the award of the public contract for janitorial services to Pathway Enterprises, Inc. Discussion: Jensen spoke that this is a worthy organization that has done work for our City for a long time and spoke in support of the motion. Hyatt spoke that if we do not do this work in house that it is our obligation under Oregon State Law to contract with those identified by the State. She spoke in support of the motion. DuQuenne spoke that she cannot support this motion at this time due to budget and not enough information. Graham spoke in support of the motion. Roll Call Vote: Hyatt, Graham, Seffinger and Jensen: YES. DuQuenne: NO. Motion passed 4-1. 2. First Reading of Ordinance No.3211 Relating To Pedicab Operations and Alcoholic Beverages; Adding New AMC 10.40.050 City Attorney Katrina Brown gave a brief Staff Report. Graham/DuQuenne moved to approve First Reading of Ordinance No. 3211 and advance it to Second Reading for enactment. Discussion: None. Roll Call Vote: Hyatt, Graham, Seffinger, DuQuenne and Jensen: YES. Motion passed unanimously. 3. Resolution Authorizing a Decrease in the Loan Amount from the Safe Drinking Water Revolving Loan Fund Public Works Director gave a Staff Report. Jensen/Graham moved to approve "A Resolution Authorizing a Decrease in the Loan Amount From the Safe Drinking Water Revolving Loan Fund by Entering into a Financing Contract with the Oregon Infrastructure Finance Authority" and further authorize the City Manager to execute the amended contract with the Oregon Infrastructure Finance Authority. Discussion: Graham thanked Fleury and Staff. Hyatt thanked Staff and spoke to the importance of this Resolution. Roll Call Vote: Jensen, DuQuenne, Graham, Hyatt and Seffinger: YES. Motion passed unanimously. XIV. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS Hyatt spoke regarding the LOC survey. Seffinger spoke that she attended the Lomakatsi program and spoke to the importance of the program. XV. ADJOURNMENT OF BUSINESS MEETING Graham/Hyatt moved to adjourn the Council Business Meeting. Discussion: None. Voice Vote.: All Ayes. Motion passed unanimously. The Business Meeting was adjourned at 8:21 PM Respectfully Submitted by: City Recorder Melissa Huhtala Attest: Mayor Akins *Items on the Agenda not considered due to time constraints are automatically continued to the next regularly scheduled Council meeting [AMC 2.04.030.(D)(3)] **LAND ACKNOWLEDGEMENT We acknowledge and honor the aboriginal people on whose ancestral homelands we work — the Ikirakutsum Band of the Shasta Nation, as well as the diverse and vibrant Native communities who make their home here today. We honor the first stewards in the Rogue Valley and the lands we love and depend on: Tribes with ancestral lands in and surrounding the geography of the Ashland Watershed include the original past, present and future indigenous inhabitants of the Shasta, Takelma, and Athabaskan people. We also recognize and acknowledge the Shasta village of K'wakhakha - "Where the Crow Lights" - that is now the Ashland City Plaza. ***Agendas and minutes for City of Ashland's Boards and Commissions meetings may be found at the City's website, https://www.ashland.or.us/Agendas.asyl. Use the View By box to select the Board or Commission information you are seeking. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager'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). I T Y O F S H LA N D LEGAL DEPARTMENT Douglas M. McGeary, Acting City Attorney Carmel Stout Zahran, Assistant City Attorney Dana Smith, Administrative Analyst August 30, 2023 Re: Council Meeting Minutes from 2021 and 2022 not signed Minutes from council meetings during 2021 and all of 2022 were not signed by former Mayor Akins and therefore could not be signed by the Recorder as required by ordinance. All minutes listed below were approved by council, although the original minutes for 2021 are not available. The city attorney determined a cover letter with a list of the meeting dates missing signatures could be signed by the present mayor and recorder to meet the signature requirements in AMC 2.04.040(B.). 2021 Meetings 04/05/2021 04/06/2021 04/19/2021 04/20/2021 05/03/2021 05/04/2021 05/13/2021 05/ 17/2021 05/ 18/2021 06/01/2021 06/14/2021 06/ 15/2021 06/29/2021 2022 Meetings 01 /03/2022 01/04/2022 01/18/2022 01/31/2022 02/01/2022 02/14/2022 02/ 15/2022 02/28/2022 03/01/2022 03/14/2022 03/15/2022 07/06/2021 07/19/2021 07/20/2021 08/02/2021 08/03/2021 08/16/2021 08/17/2021 09/07/2021 09/20/2021 11/01/2021 11/02/2021 11/11/2021 11/15/2021 04/05/2022 04/19/2022 05/02/2022 05/03/2022 05/16/2022 05-17-2022 06-06-2022 06/07/2022 06/21/2022 07/05/2022 07/18/2022 City Recorder Melissa Huhtala 11/16/2021 l 1 /23/2021 12/10/2021 12/21/2021 08/01/2022 08/15/2022 09/06/2022 09/19.2022 10/03/2022 10/04/2022 10/ 17/2022 10/18/2022 10/31/2022 11/01/2022 11/14/2022 12/05/2022 12/06/2022 12/19/2022 12/20/2022 Mayor Ton a Graham LEGAL DEPARTMENT 20 East Main Street Tel: 541.488.5350 doua mcgearynashlond.or.us e Ashland, Oregon 97520 Fax: 541.552.2092 carmel.zahranna ashland.or.us ashland.or.us TTY: 800.735.2900 dana smith anashlon .or.us , Council Business Meeting August 02, 2022 Agenda Item Rogue Valley Home Energy Score Collaboration From Stu Green Climate and Energy Analyst Contact Stu.Green(o)ashland.or.us; 541-552-2085 HOME ENERGY SCORES Residents have more information; homes save money, energy, and carbon. SUMMARY • Rogue Valley Association of Realtors, City of Ashland staff, and the Climate Policy Commission have developed a collaborative, voluntary program that provides reliable information to homebuyers and sellers about a home's energy use and estimated costs. • The Home Energy Score has a proven track record and is among the lowest -cost policy options to decrease energy use and protect Ashland residents from unnecessary future energy burdens. • If successful, the program has an opportunity to spread to other parts of the state. POLICIES, PLANS & GOALS SUPPORTED CEAP Goals Supported Overall Goal 1. Reduce Community GHG Emissions. Overall Goal 2. Prepare Ashland to be more resilient to climate change. CEAP Strategies Supported - • Direction for the Home Energy Score is specifically outline in Ashland's Climate and Energy Action Plan o BE-2-2. Require building energy scores to identify and incentivize cost-effective energy efficiency improvements. • Home Energy Scores support the following elements of the Ashland's Climate and Energy Action Plan o Overall Goal 1: Reduce Community GHG Emissions. o Overall Goal 2. Prepare Ashland to be more resilient to climate change. o Strategy BE-1. Support cleaner energy sources. o Strategy BE-2. Encourage increased building energy efficiency. o Strategy BE-4. Improve demand management. o Strategy CC-1. Educate and empower the public. o Strategy CM-1. Reduce consumption of carbon -intensive goods and services. o Strategy CM-2. Support sustainable and accessible local production and consumption. o Strategy PHSW-2. Promote a sustainable local economy that minimizes emissions and vulnerability. • Supports all City of Ashland conservation and sustainabilityprograms • Comprehensive Plan — Housing Element 6.08. Environmental stewardship and sustainability o Policy 20: Promote building and site design that supports energy efficiency, renewable energy generation, and water conservation in new residential developments. Pagel of 4 CITY OF -ASHLAND PREVIOUS COUNCIL ACTION • Home energy scores are included as an action item BE-2-2 in Ashland's 2017 Climate and Energy Action Plan. • A home energy score program is included as a viable policy option in previous annual climate progress reports. • Climate Policy Commission Chair Rick Barth mentioned the home energy score program in his presentation to Council on March 14 of this year (slide 13). ANALYSIS What is happening? Rogue Valley Association of REALTORS (RVAR) and City of Ashland have developed a collaborative, voluntary program to provide reliable information to homebuyers and sellers about a home's energy use and estimated costs. Oregon Department of Energy endorses the `Home Energy Score' program and is providing technical support. The group wishes to keep the City Council informed of this program. The group's activities up to now include: • Stakeholders hold discussions to assess opportunities for regional home energy scores. • Group collaboratively designs draft outreach materials for homeowners and buyers. • Establish a scholarship fund to grow the local assessor workforce • Reach out to established local inspectors to encourage participation • RVARs offer home energy score classes to members Why implement home energy scores now? Ashland's Climate and Energy Action Plan identifies HOME ENERGY SCORE as a key climate action tool for the. City. In November 2021 the Climate Policy Commission and city staff began reviewing a proposed HOME ENERGY SCORE framework. Following this discussion, a stakeholder group of commissioners, staff, and local real estate professionals began to assess opportunities for a local home energy score program. As a result, the participants designed the voluntary, region -wide home energy score program described here. What will happen next? Future activities of the program may include: • Group will conduct additional outreach to grow the local labor force of certified assessors. • Outreach materials will be printed and distributed. • A City and/or regional program webpage will be developed. • RVAR members will be offered additional training and continuing education. • City staff and RVAR will continue to develop the collaborative, voluntary, region -wide program. What are the implications of home energy scores? Future impacts will include: • Homebuyers, sellers, and owners have access to information on home energy use that is credible, comparable, and easy to understand. • Increases market transparency by allowing new home buyers to have insight into the full costs of owning a home. • Encourages use of reliable, consistent home energy efficiency information in real estate transactions to inform decisions, and build market value for comfortable, energy efficient homes. Page 2 of 4 CITY OF -ASHLAND • Helps integrate energy information into financing products to help drive the market for comfortable, energy efficient homes. • Supports the Climate and Energy Action Plan by reducing residential carbon emissions --one of the largest emissions sources in Ashland. • Local jobs will be created. • Energy consumption and operating costs will be reduced. • Protect residents from future energy burdens. • Increase use of the City's existing energy efficiency incentives. BACKGROUND What is a Home Energy Score? A Home Energy Score documents information about a home's energy performance. It is commonly used as an informational tool for real estate transactions, or by homeowners who want more information about their home. This information is designed to enable more knowledgeable decisions about the full costs of operating homes and to motivate investments in home improvements that lower utility bills, reduce carbon emissions, and increase comfort, safety, and health for homeowners. Home Energy Scores are low-cost (around $125 per home), are administered by a state -certified assessor, and take about an hour. In addition to a numerical score, the complete Home Energy Score Report supplies information about the home's projected operational costs, likely carbon emissions, and suggestions for cost-effective improvements. How do you get a Home Energy Score? 1. Homeowner contacts a certified assessor to schedule a home assessment. 2. The assessor evaluates a home's performance and issues a score, similar to the bright yellow Energy Guide label found on home appliances. The assessor will look for air leaks, check insulation levels, inspect windows and doors, make sure heating and cooling systems are well -maintained, check lighting, and more. 3. After the assessor reviews your home, the homeowner receives a home energy report. The report walks through a home's score and recommended improvements to save energy and money. 4. For homes being listed, the assessor will upload the Energy Score to a regional database for easy use by the realtors and homebuyers. Why were home energy scores created? The Home Energy Score was developed by the United States Department of Energy and was designed to improve housing stock, increase energy efficiency, and reduce environmental impacts. The State of Oregon endorses the Home Energy Score, and mandatory requirements have been adopted by several Oregon cities, including Portland, Milwaukie, and Hillsboro. The Home Energy Score has a proven track record and is among the lowest -cost policy options to decrease energy use and protect Ashland residents from unnecessary future energy burdens. Any resident or homeowner can choose to get a Home Energy Score and the associated benefits. What do the score numbers mean? If your home scores a 5, it is expected to perform comparably to an average home in terms of energy use. If your home scores a 10, it ranks among the 10 percent of homes expected to use the least amount of energy. A home scoring a 1 is estimated to consume more energy each year than 85 percent of homes. Scoring a 1 does not mean your home is poorly built. A beautiful home with up-to-date equipment can still get a low score if the square footage is high or if there is insufficient insulation. A low score just means there is significant room for improvement to reduce a home's energy use. Scoring a 10 does not mean your home cannot improve. Even a home that uses less energy than most of its peers may benefit from additional energy efficiency or renewable energy investments. Features of the Home Energy Score Page 3 of 4 C I T Y O F -ASHLAND • An energy efficiency score based on the home's envelope (foundation, roof, walls, insulation, windows) and heating, cooling, and hot water systems • A total energy use estimate, as well as estimates by fuel type assuming standard operating conditions and occupant behavior • Recommendations for cost-effective improvements and associated annual cost savings estimates • A "Score with Improvements" reflecting the home's expected score if cost-effective improvements are implemented • Shown on a simple one -to -ten scale, where a ten represents the most efficient homes. FISCAL IMPACTS Total program cost to date is $2,000. In 2022, the home energy score program has required approximately 40 staff hours, as well as a portion of the Climate Policy Commission's time and energy. Additional funding needs are not expected at this time. STAFF RECOMMENDATION No specific action is needed at this moment, but staff recommends City Council voice support for the collaborative, regional home energy score program. Staff additionally suggests that City Council acknowledge the Rogue Valley Association of REALTORSO for their collaboration and for funding a substantial portion of the initiative (member training, fellowships for assessors, promotional brochures, and more). ACTIONS, OPTIONS & POTENTIAL MOTIONS N/A REFERENCES & ATTACHMENTS • Attachment 1. Sample home energy score report • Attachment 2. HES flyer Page 4 of 4 CITY OF ASHLAND OREGON DEPARTMENT OF ENERGY ` I Better Home Energy Score *Buildings Higher Lower energy 1 2 3 4 V 7 Q ■ energy use (' use Official Assessment I ID# 223154 The Home Energy Score is a national rating System developed by the U.S. Department of Energy. The Score reflects the estimated energy use of a home based upon the home's structure and heating, cooling, and hot water systems. The average score is a 5. Learn more at HomeEnergyScore.gov. HOW MUCH ENERGY IS THIS HOME LIKELY TO USE? Electric: 4,935 kWh/yr ($0.11 /kWh) ................... $564 Natural Gas: 542 therms/yr ($0.76/therm)........... $412 Other:..... ........................................... $0 Solar Generation: ................................... ($0) TOTAL ENERGY COSTS PER YEAR $976 How much solar energy does this home generate? kWh/yr THIS HOME'S CARBON FOOTPRINT: 4.9 This Home 15 i 0 tons/year ton WORSE BEST Carbon footprint by fuel type: Electric: 2_0 Natural Gas: 2.9 • Actual energy use and costs may vary based on occupant behavior and other factors. • Estimated energy costs were calculated based on current utility prices in your area. • Carbon footprint is based only on estimated home energy use. Carbon emissions are estimated based on utility and fuel -specific emissions factors provided by the OR Department of Energy. • This report is valid for eight years from the assessment date.A free reprint of the report is available from us.greenbuildingregistry.com with updated utility and carbon information annually. • This report meets Oregon's Home Energy Performance Score Standard. TACKLE ENERGY WASTE TODAY! Enjoy the rewards of a comfortable, energy efficient home that saves you money. 0 Get your home energy assessment. Done! ❑ Choose energy improvements from the list of recommendations below. ❑ Select a contractor (or two, for comparison) and obtain bids. Check with your local utility for a list of contractors in your area. ❑ To find out more information about the state of Oregon Home Energy score program visit: oregon.gov/energy/home-energy-score FEATURE TODAY's CONDITION; RECOMMENDED IMPROVEMENTS Water Heater Natural gas When replacing, upgrade to ENERGY STAR, minimum 0.67 EF (Energy Factor) FEATURE TODAY's CONDITION; RECOMMENDED IMPROVEMENTS Attic insulation Ceiling insulated to R-30 Insulate to R-38 or R-49 if code requires it Duct sealing Un-sealed Reduce leakage to a maximum of 10%of total airflow Envelope/Air sealing Not professionally air sealed Professionally air seal Solar PV N/A Visit www.energytrust.org/solar to learn more Air Conditioner N/A Basement wall insulation N/A Cathedral Ceiling/Roof None Duct insulation Un-insulated Floor insulation N/A Foundation wall insulation Insulated to R-0 Heating equipment Natural gas furnace 901/6 AFUE Skylights N/A Wall insulation Insulated to R-7 Windows Double -pane, low-E glass 1. To achieve the "Score with Priority Improvements" all recommended improvements in the Priority Energy Improvements section must be completed. These priority improvements have a simple payback of ten years or less. 2. Additional energy efficiency improvements may take longer than ten years to make a return on investment but can have a significant impact on the comfort, efficiency and environmental impact of your home. 3. Today's Condition represents the majority condition for that feature in the home. Q� REACTORS° cITT r`-3 -ASH LAN D Rogue Valley Home Energy Scoring "Miles Per Gallon" For Your Home! Know the score. Outsmart energy waste. For more information visit www.ashl_and.or.us/climate THE PROGRAM THE SCORE The Rogue Valley Association of REALTORS@ and the City of Ashland have teamed up to assist home buyers and sellers on the importance and value of a Home Energy Assessment. These Home Energy Scores (HES) will provide credible and comparable information about a home's energy performance and the opportunity to save money and reduce greenhouse gas emissions with cost-effective energy efficiency upgrades. �i v — Above -average scores save homeowners $$$ Homes will be scored by professional energy assessors on a ten -point Scale: 10 Lowest energy use 5 Average energy use Highest energy use The HES was developed by the U.S. Department of Energy and is comparable to a miles -per -gallon rating on cars. Click here to watch a short video about Home Energy Scores. Takes about 1 hour to complete. Analyzes numerous components of a home (windows, insulation, water Lru heating, HVAC systems, etc.) Uses home characteristics instead of occupant behavior so that one home score can be compared to others. The Rogue Valley Association of REALTORS& and the City of Ashland urge you to learn more about your home's energy use. Learn more about the value of Home Energy Scores at: www.oregQn.goy/ene gy Council Business Meeting August 2, 2022 Agenda Item Fire Department Update/Fire Season Preparation Ralph Sartain Fire Chief From Contact ralph.sartainCaD-ashland.or.us 541-552-2229 SUMMARY Informational report of Ashland Fire & Rescue staffing, call volume, and wildfire preparation. POLICIES. PLANS & GOALS SUPPORTED Council Goal I - Develop current and long-term budgetary resilience Council Goal 2 - Analyze City departments/programs to gain efficiencies, reduce costs and improve services Cultivate External Funding Opportunities Support Innovative Prop -rams that Protect the Community PREVIOUS COUNCIL ACTION None BACKGROUND AND ADDITIONAL INFORMATION The attached report is an informational report on the status of the fire department, current staffing call volume, trends, wildfire preparation and related updates. FISCAL IMPACTS None STAFF RECOMMENDATION This is an informational report no council action is needed at this time ACTIONS. OPTIONS & POTENTIAL MOTIONS None REFERENCES & ATTACHMENTS Power point presentation Page 1 of 1 C I T Y O F -ASH LAN D Ashland Fire & Rescue Updates Fire Chief Ralph Sartain What We Will Be Covering ne irtment Staffing Dn and Preparations Fire Adapted Ashland Ashland Forest Resiliency Program 0 lume & itig 1995 tuber of Calls Number of Firefighters C 2015 Number of -,alls Firefighters Overlapping Calls Number of Calls 104785 2021 Number of Firefighters Overlapping Calls 30 2 0 7 9 (43.45%)! do --�� ic Y• Sri."% _ 1yCy(,,7•'ih ir:�+T1 4- ��-films -y5 .•�I =rye r '-••�4,�,�- � ,�,;- 1-r.�,. �--, • � _1 I � �aSS]• Cit.� MAI S atk* 5 9rrr me CAW LJdnft its i Urban Infill t Irr � \ i ti ■ w t 40 .� T 'S L •ram � r F,4&- t Y -- J 6000 5000 4000 3000 Overlapping Calls For Serice Call Volume Trend 3968 4180 4183 4165 4157 4510 4785 2000 2019 1000 1457 1641 1710 1736 1520 1687 O 2015 2016 2017 2018 2019 2020 2021 Overlapping Calls —C>—Total Calls 8000 7000 6000 5000 4000 3000 2000 1000 0 Call Volume and Overlapping Calls Forecast 5508 5134 4949 2207.62 2128.07 5119 2643.84 2457.12 W10 5294 -' 3132.3 2905.82 6314 5476 3662.12 3176.08 2022 2023 2024 2025 f-3.43%increase t7.295%increase m0m0vedapping3.295% �0�Overlapping7.295% 6804 -\ 5664 4286.52 -- 3568.32 2026 N I- �-j 8 0 0 0 0 0 0 00:00 - 00:59 1 01:00 - 01:59 02:00 - 02:59 03:00 - 03:59 z 04:00 - 04:59 r 05:00 - 05:59 3 06:00 - 06:59 (D 07:00 - 07:59 0 08:00 - 08:59 h x - 09:59 (D ■09:00 10:00 - 10:59 0 o 11:00 - 11:59 12:00 - 12:59 Ln 13:00 - 13:59 14:00 - 14:59 m 15:00 - 15:59 16:00 - 16:59 17:00 - 17:59 O 18:00 - 18:59 19:00 - 19:59 20:00 - 20:59 21:00 - 21:59 22:00 - 22:59 23:00 - 23:59 Community Service Cells, 19.04% Ambulance & Emergency Medical, 71.84% Shift Sc] 3 operational shifts — A, b and C 10 firefighters are assigned to each shift Shifts work a "48/96" schedule (two days on followed by 4 days off 16 FMON%XL REQU M is Ir.wlw Ni a. u•.vl ►wlplarr (we ". L VW rtfgc NFPA 1710 Overview •This is for a 2000 Sq ft home with no exposure and no basement a....® 1 m TOTALOS SMSF. IR lrrtukui.C,xtin�_� sl le I Cwef offlke, 1 M6.-tf 5,deft L*Vei(lw*� Ladda I t I Officer') Fire Fighters i FF Ituirmt(x) I r m lnt r.r I OfGttiot 3 Far4 Hatt m Fjtut I CCicet 3 FutFgken �t I dfxef ? Ftrr Fgrbrers '� FFtudr, ;�tlx,+ txr•+I rrxrR ' i FF rtiii IF wJ L ltr trLt.f ('ounYs.aL L,�u rtw.wu�, nri w M Ut lop F7 iStaffing Numbers for AFR � I IJ z O N i r FA -FT Aft, - 4�► _ •e • �� _ ♦ < w Fire Season Preparation What has Occurred • Regional Meetings • Increased Training • Grant Funding for up staffing (SB762) • Pre -positioned Equipment • Wildfire Risk Reduction Specialist and FENIA Grant • The FLSS position has been hired. ommunity suction Fire Adapted Ashland Ashland Forest Resiliency Stewardship Project 'Mi••O LI s k..()rflprenerI5Ivr= :h to Wildfire Safet A r µ 77 or q^ Oft A Ow N rfd vommuruties are as prepared as possible to receive, respond to and recover from wildfire ,r SCIENCE_ of jurisdictional boundaries, are resi to fire, insect and disease disturbs Aft oattictpate m matting and impWrrmntrng safe, affective and rrsk-basal managannent decisions ~ r 11• 'Vintrr St c: Fi � `reeM � .. Ashland Can,L u o C \\\ Hersey St y . I t Ashland `. k' FaBS7 1 rr `; o thrhm + klam Sr Sep tt U Bid, ' ke Li[A - rr Park u 05 O Parkb Southern Q. ,j Oregon �t Ashd rd 4 c Unwen wy (64' Ashlartn :T n lrlb A Sn �i �r - pa 4 r� e° yt"e" AxhlyaCa4 I �' L drib �' to. ar • �' . . c e � c Go Clay COO Trnb E Lamb Saaale East of lOoimiv.:`� k 9� Rrer;�• Gurc+Sj� (; 0 c, City and Parks Forestlands Management: The Ashland Forest Plan • Nearly all 1,100 acres is inside or within one mile of City Limits • Since early 1990's, community forests have been managed for values including water, wildlife, and wildfire under Forest Lands Commission. • 200 acres of wildfire safety work completed this last year. Adapting City and Parks Forests to Climate Change • A cutting -edge plan is being put together via Forest Lands Commission to chart adaptation to a changing climate on City/Parks forestlands • Complements the City's Climate and Energy Action Plan and 2016 Ashland Forest Plan. • Public comment late summer/early fall and Council decision by end of the year Dying Pines: One Signal of a Changing Climate • Bark beetles killed many dozens of large trees on City, Lithia Park, and surrounding private lands in 2021. • Trees had to be cut and removed for public safety • We can expect more of this as drought and heat stress trees • Inventoried all City/Parks property for fire hazards in 2020 • Majority is blackberry bushes along creeks • 151 acres of mowing/cutting fuel breaks already takes place every year • Implementing work plan to remove as much blackberry starting close to homes and maintain fire safety over time. More was done along Ashland Creek in 2022. Controlled burns protect forests and our watershed. O Reduce fire danger to firefighters, residents, and the places we love O Reduce the fuels that feed catastrophic fires O Produce much less smoke than severe wildfires hIand rest cr When you see controlled burns during the cool time of year, know we are working for healthier forests and community: for today and for future generations. __ ASHLAND (nri .ii. 7 � � • '� �}�, :r'- w .,�'. ' � y `y by -\~ ♦ � - f +sF sr ._ - - �{. � ,• .fir -n• � �� .• �'ya . ti �ti ♦ _ ; �.. _ , • a AA ♦ t• 16 F� L�- T � • r .. � TT'lll +r T' jk --_"`— �i .,... �, r�`^;r7R ;►,�a ; r�S ;:-: � tom.•-- w -- r r { Leveraging Completed Fuels Reduction to Plan Suppression: PODS • Pre -locating fire lines based on topography, -- roads, and where we've completed forest thinning and prescribed burning. r . • Safer for Firefighters • More effective air attack • Prioritize future prescribed burning and fuels reduction a n•. KEY T,am,, g Aerial Wata, SO— Ashland Cily Lmas S eam, Paved Road G.. I Ro DO RPad T-1 AshleM C,eek Wat rehed Pbss�b a S,WY Zones Unde,b.,n COMPleted _ Fuels Managed AFR_PODS 2021 .0 2018 Summer Smoke Moderate AQI Preparedness smokewiseash la nd.org • One -stop -shop for smoke information: • Air Quality Index • Smoke and health • Creating indoor air quality • Business preparedness • Controlled burn information r�� 2018 Summer Unhealthy AQI www.ashlandchamber.com/prepare PREPAREDNESS AND RESILIENCE TOOLKIT THE LANGUAGE OF BUSINESS PREPARING TOGETHER SMOKE PREPAREDNESS PAY YOUR DUES GIFT CERTIFICATE PROGRA I HELP SUPPORT FLOWER BASKETS IN ASHLAND FOR 2022 GREETERS MEETINGS 2019-20 LIVING AND DOING BUSINESS GUIDE MEMBERSHIP ASHLAND CHAMBER'S COMMUNITY EVENTS BOARD & STAFF ASHLAND CHAMBER VOLUNTEER APPLICATION PROGRAMS & COMMITTEES PUBLICATIONS RAPID RESPONSE TEAM CHAMBER HISTORY ASHLAND'S ECONOMY Preparing Together Take One Step Today Vo aLGhave cz/zaht ta*yz The Ashland Chamber of Commerce and Ashland Fire & Rescue have developed resources to help you prepare for emergencies with useful information on smoke, evacuation and alerts. Click on the links below. Smoke Information Evacuation Alert Signups l Employee Be Prepared Smoke Information Evacuation I -&" Business Owner Be Prepared Smoke Information Business Workbook Evacuation Alert Signups Prepare Your Home Tent Cards Distributed to Ashland Businesses Front Preparing Together Take One Step Today ,-Xjhland eauz,,-Xbod 2ja& ar t.%o �, For information on emergency preparation and smoke, go to ix. . !www.ashiandchamber.com/prepare M L. Sign up for Nixie: Text: 97520 to 888777 for alerts Ashland's while you are in Ashland Emergency Alert system Text: Stop to 888777 to unsubscribe =q ASH LAN D 11&orq M ASANTEf��% JMOKE W IJE Fire Adapted Ashland: Our Community Wildfire Safety Program • One -stop -shop for all things wildfire preparedness • Fire mitigation programs (Firewise, WRAP, FEMA) • Wildfire Safety Ordinance and code information • Educational resources and videos • Grants for property owners www.fireadaptedashiand.org M �-iRE ADAPTED ASH LAN D 4 17 ABOM PREPARE RESOURCES WHOME WALDFIRE RISK • 2 Codes & Ordinances • Weed Abatement • June 15th deadline - Dry Grass and Weeds 4 inches • Wildfire Safety Ordinance • Affects New Development/Additions from 2018 on. • Wildfire Safety Requirements • Prohibited flammable plants list • Fence connections made of non- flammable material • No wood roofing Harden your home! Protect against embers and flames Be Firewise! Keep your yard lean, clean, and green Be Ready! Prepare to evacuate or shelter in place Wildfire Safety Campaign fireadaptedashland.org/wildfireprep Be Smokewise! Prepare for smoke Wildfire Risk Assessment Program (WRAP) • One-on-one wildfire risk home assessments • Fire department + Wildfire Safety Commission creating volunteer training program • 6 Volunteers active, 174 Assessments Completed Since October. Another training is planned for fall. Drop ott your Flammable I isten to our 9.e.-n A.•r,r; at Apply In „el a Wildfire Sign up to tl cw a Green Debris Green Debris Bin Preparedness Wildfire Risk Drop-off Day! ill your ovulbbod.—1 Webinar Assessment Sunday, May 7nA Series t/UIUn[IY•.r Learn more here Apply here Coming Soon Learn more here Bark Mulch Flammability Test • We know mulch is a significant contributor to home ignition and codes prohibit it next to new homes. • Are there mulch products that do not support ignition and combustion? • What mulch types might we not want anywhere in landscapes? • Partnership with Fire District #3. Test will happen in mid -August. Thank you Hilton Fuel and Landscape Supply! Real Estate Wildfire Education Program • Course was held for real estate professionals to learn about home wildfire hazards and ways to mitigate hazards. Another class is planned for this fall. • Created a course for home inspectors to understand the relationship between wildfire and the home structure and write this into inspection reports. Eight inspectors have been trained. Safe Spacing Remove lower tree limbs to reduce "tire ladder". Keep flammable trees 10 feet from roof or deck.' Keep all trees 10 feet from chimney.' Minimize the fuel load of trees and shrubs with proper spacing. Use Rated Roofing Material' Use Glass Skylights Enclose Under Decks Roof ng material with a Class A or B Glass is a better Prevent combLstible rating is tire resistant and will help keep choice than plastic or materials and the flame from spreading (e.g. metal, fiberglass. Plastic can firebrands iron - composition shingle. clay, or cement tile) melt and allow embers accumulating. Sax -in into the home. under patios and �t ff 1frH iI. decks or screei in with metal mesh no larger than 1/8'. Enclose Eaves and Fascias, and Screen in Soffits and Vents 'Bo—n ea.es. All cent openings should be $3 Million FEMA Mitigation Grant • Defensible space around top 1,100 at -risk homes in Ashland • Replace wood shake roofs with Class A or Class B shingles • 72 homes completed • 44 more in progress • $247,000 spent to date FEMA Wildfire Risk is Rising: What More Can We Do? • We need to address existing risk in homes not being covered by the FEMA grant, which is about 5,000 homes who need assessments and cost -share funding. Many are lower risk, so should cost less. • Need to address multi -family residences, commercial structures, and institutional facilities. These are key to wildfire recovery and home to economically vulnerable population. • State funding will become available soon. Looking for mitigation and staffing dollars. • Need to update our Community Wildfire Protection Plan (CWPP). • Federal $$ from Infrastructure Bill are becoming available with priority on funding CWPP updates. We'll be well positioned to apply this year. • Addressing the State-wide risk map issues, our rating may not change. uestiotis,, Council Business Meeting August 2, 2022 Agenda Item Ashland Police Department Annual Report to Council (Formerly Use of Force) From Tighe O'Meara Police Chief Contact Tighe. omeara(o-�ashland.or.us 541-552-2142 SUMMARY Since 2008 the police department has come before Council to provide an annual use of force report. This presentation has grown in scope and now includes use of force, crime and clearance rates, an update on the enhanced law enforcement area (ELEA), as well as the most recent data from Statistical Transparency Of Policing (STOP). POLICIES, PLANS & GOALS SUPPORTED 47. Keep the Council informed of organizational activity and provide timely information for Council decision - making. PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION Use of Force Information During 2021 the Police Department used force 22 times. Number of Use of Force Incidents Since 2012 45 40 35 30 25 20 15 10 5 0 Ashland Police Use of Force Incidents by Year ■ 2012 ■ 2013 0 2014 2015 ■ 2016 ■ 2017 ■ 2018 ■ 2019 ■ 2020 ■ 2021 The department's use of force review board reviews all instances of use of force. All the incidents of use of force in 2021 were deemed to be within policy. Page 1 of 4 C I T Y O F -AS H LA N D In 2021 all use of force incidents involved suspects who were identified as being white, 21 male and 1 female. Of the 22 uses of force: -the TASER was deployed but not used on 6 occasions -the TASER was deployed and used on 2 occasions -OC (pepper) spray was used 2 occasions -the less lethal shotgun (which shoots a bean bag projectile to incapacitate a suspect) was not used in 2021 -an officer displayed a firearm on 1 occasion in 2021 -the rest of the incidents involved empty hand techniques such as take downs, joint locks, control holds and empty-handed strikes During 2020 Ashland officers received a total of 1,367 hours of use of force training. This is a significant (74%) increase from the previous year. The deputy chief s memo on annual use of force information has more detailed information and is attached. Crime Rates and Clearances In previous years APD has brought info to Council on what had been termed "Part 1 Crimes." "Part 1 crimes" were those that were reported annually to the FBI for inclusion in the Uniform Crime Report. They were homicide, rape, robbery, aggravated assault, burglary, auto theft, arson and larceny. Nationally all law enforcement agencies have moved from Uniform Crime Reporting to a new system called National Incident Based Reporting System that has re -categorized reported crimes. However, for purposes of continuity APD is still reporting what were previously called "Part 1 crimes." In 2021 the city saw a total of 421 "Part 1 crimes." This is down from the 452 reported in 2020. Violent crime is defined as homicide, rape, robbery and aggravated assault. There were 31 violent crimes reported to the Ashland Police Department in 2021, up from 22 in 2020. Clearance rates for violent crime remains very high at 63%. 900 800 700 600 500 400 300 200 100 Part 1 Crime by Year ■ 2017 0 2018 tsa 2019 2020 ■ 2021 Page 2 of 4 C I T Y O F -A5 H LA N D Enhances Law Enforcement Area The Enhanced Law Enforcement Area (ELEA) ordinance has been in effect since August of 2012. The ELEA is roughly defined as downtown. In this area we see a concentrated number of complaints and disorderly behavior as this is the focal gathering point for many members of the community. A conviction of three or more qualifying violations (or crimes) in Ashland Municipal Court within a six-month period may result in a person being expelled from the downtown area. The expulsion has judicial review, in that only the Municipal Court Judge can authorize it. The qualifying violations are: scattering rubbish; unnecessary noise; dogs -control required; consumption of alcohol; open container of alcohol; dog license required; or use of marijuana in public. In 2020 there were 56 ELEA violation convictions in the municipal court. There were three people expelled from the downtown area and there were two people charged with persistent violator failure to appear. under the city ordinance. The ELEA continues to be a valuable tool to address chronic negative behavior. For several years we have used calls for service downtown for disorderly -type behavior as a metric for quality of life issues downtown. 2021 saw a continued decrease from the high in 2017. The metric tracks calls for service such as disorderly behavior, drinking in public, urinating in public as well as others. 2014:199 2015:322 2016:335 2017:360 2018:216 2019:198 2020:126 2021:137 Statistical Transparency of Policing (STOP) Date The Oregon legislature has mandated that all police officers in the state record certain demographic and enforcement data for officer -initiated enforcement stops. The most recent data that is available is for the period of July 1, 2020 through June 30, 2021. This data is available through the department's webpage under the "STOP Data" button. For that period of time data for the Ashland Police Department indicates that officers initiated enforcement stops involving individuals identified as follows: Asian or Pacific Islander 2.6% Black 5% Latinx 7.5% Middle Eastern 1.2% Native American 0.2% White 83.5% This data is dependent on officers' observations, not an inquiry, and seems to be consistent with Ashland's demographics. The Ashland Police Department will always strive to equitably serve the entire community. With that in mind, we need to recognize that STOP data will never match up perfectly with demographic data for the community. Demographic data varies from source to source, so the exact representation of a specific race within the community cannot be perfectly known. Also, we need to recognize that STOP data is solely dependent on an officer's perception and is not derived from an inquiry into how the person identifies. STOP data does not allow for a person to be identified as multi -racial, which many people do. Demographic data does allow for this, and 34% of the Ashland population identifies as such. Ashland is a tourist town, a university town, and is on the I-5 corridor as well. All of this information skews the data on who is actually present in the community and how they might be perceived by the Page 3 of 4 CITY OF -AS H LA N D officer. Again, this all comes together to create a situation that will never allow the STOP to perfectly match up with the demographic data. Also, again, and most importantly, we will always work to make sure all members of the community are being treated equitably. FISCAL IMPACTS None STAFF RECOMMENDATION None ACTIONS, OPTIONS & POTENTIAL MOTIONS None REFERENCES & ATTACHMENTS Deputy Chief s Use of Force Memo Page 4 of 4 CITY OF -AS H LA N D Memo DATE: May 31, 2022 TO: Chief Tighe O'Meara CC: Lieutenant Dan Moulin FROM: Deputy Chief Art LeCours (Support Division Commander) RE: 2020 Annual Use of Force Review CITY OF ASHLAND z� The Ashland Police Department Policy 300.10 (Annual Review) states that each January, the Support Division Commander will ensure that an annual review of all Use of Force (UoF) Reports for the previous calendar year is conducted. The analysis will focus on the effectiveness and trends in the use of force that might suggest training or equipment needs, or policy modification. Specific detail including items such as officer names, case numbers and location of occurrence are not needed for this purpose and therefore will not be part of this process. The Ashland Police Department Policy 300.09, Use of Force Review Board states; every use of force as described in this Policy Manual will be reviewed by the Departments Use of Force Review Board. The Use of Force Review Board will consist of the Support Division Commander, Defensive Tactics instructor, and a Patrol Sergeant. The Use of Force Review Board (UoFRB) for 2021 was composed of the Operations Division Commander, a Patrol Sergeant, and three patrol officers who are all Use of Force instructors in different disciplines. The board reviews the incidents as to whether the UoF was within policy, outside of policy and any recommendations on training issues. The review is then forward to the Support Division Commander for further review and then documented into Guardian Tracking. UoFRB reviewed all the UoF incidents that occurred during 2021. All involved officers acted appropriately and within the established guidelines of the Ashland Police Department, with the exception of one UoF incident. That incident resulted in corrective coaching for the officer involved. The City of Ashland Police Department was involved in twenty-two (22) UoF incidents in 2021. This was a 4.65% increase from 2020 where the Ashland Police Department was involved in twenty-one (21) UoF Incidents. The global pandemic continued into 2021 and many businesses and operations throughout the US, Oregon, Jackson County, and the City of Ashland closed or limited their hours of operations. This did not affect the operations of APD; however, it did stifle pro -active police activities during 2021. In 2021, the UoFRB recommended acquiring protective head gear, such as boxing headgear, to be utilized when suspects attempt to harm themselves by banging their head against the rear partition or rear windows both inside and outside of the vehicle. APD is conducting research and review of appropriate and approved head gear which would limit suspects harming themselves. ASHLAND POLICE DEPARTMENT Tel: 541-482-5211 1155 E. Main Street Fax: 541-488-6008 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us It To identify trends, the Ashland Police Department keeps track of past UoF incidents. Twenty-six (26) UoF in 2018, thirteen (13) UoF incidents in 2017, thirty (30) UoF Incidents in 2016, fifteen (15) UoF Incidents in 2015, thirty-two UoF incidents in 2014, twenty-eight (28) UoF incidents in 2013 and forty-one (41) UoF incidents in 2012. 45 40 35 30 25 20 15 10 5 0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 All the incidents in 2021 involved varying degrees of force specifically directed against a subject to gain compliance. ■ The Less Lethal Shotgun was not used nor displayed in 2021. The Taser was displayed on six (6) occasions: Case # 21-131— Warrant, Trespass, and Interfering with Police Officer - Case # 21-849 — Harassment, DV Assault, Menacing, Resisting arrest, Assault on a Police Officer - Case # 21-864 — DOC, Interfering with Police Officer, Harassment - Case # 21-1632 — Resisting arrest, Criminal Mischief, DOC, Attempted assault on a Police Officer - Case # 21-1824 — Trespassing, Resisting arrest, Interfering with Police Officer, Assault on a Police Officer, Assault, Harassment, DOC. ■ The Taser was used on two (2) occasions: - Case # 21-864 — DOC, Interfering with Police Officer, Harassment Case # 21-1824 — Trespassing, Resisting arrest, Interfering with Police Officer, Assault on a Police Officer, Assault, Harassment, DOC. OC was used on two (2) occasions: Case # 21-849 — Harassment, DV Assault, Menacing, Resisting arrest, Assault on a Police Officer Case # 21-1824 - Trespassing, Resisting arrest, Interfering with Police Officer, Assault on a Police Officer, Assault, Harassment, DOC. ■ An officer displayed his firearm once in 2021. - Case # 21-125 — Felon in Possess of a weapon, Interfering with a Police Officer, Resisting arrest, 4 warrants for arrest. ASHLAND POLICE DEPARTMENT Tel: 541-482-5211 1155 E. Main Street Fax: 541-488-6008 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ■ Nine (9) officers reported injuries. The reported injuries consisted of, but not limited to; being spit on, bites, abrasions, broken skin, cuts, and bruising, kneed, kick to the groin and a dog bite. In 2019, APD reported seven (7) officer injuries and in 2020 APD reported six (6) officer injuries. ■ Eight (8) suspects reported injuries or complaints of pain. This is a decrease of 47.05 % from 2019, seventeen (17) suspects complained of injury or pain and a decrease from 11 % where nine (9) suspects from 2020 reported injuries or complaints of pain. ■ All involved suspects received the following: cuts, scrapes, bruises, road rash, laceration, bumps and a dislocated thumb. Only one (1) of the eight (8) were pepper sprayed. ■ Ten (10) of the twenty-two (22) incidents were Alcohol and/or Drug related (54.54%). Five (5) incidents involved alcohol only (50%), three (3) involved drugs only (30%) and two (2) incidents involved alcohol and drugs (20%). ■ Two (2) of the incidents involved individuals in mental health crisis (20%). ■ Fourteen (14) of the twenty-two (22) incidents occurred at night (57.14 %). ■ Six (6) of the twenty-two (22) incidents involved a foot, bike or vehicle pursuit (5%). ■ All UoF suspects were white. Of the persons involved, twenty-one (21) where male (95.24%) and one (1) was female (4.76%) There were 2713 case generated in 2021, of which twenty-two (22) resulted in a UoF incident. Therefore, less than one percent (0.82%) resulted in a UoF When compared to UoF cases in 2021, the Ashland Police Department saw a 0.08% increase between 2021 & 2020. The Ashland Police Department conducted 1,367 hours of UoF training in 2021. This is any increase of 74.9 % from 2020. The Oregon Department of Public Safety Standards and Training (DPSST) requires 8 hours of Use of Force training per year for officers. Ashland Police Department encourages its members to attend outside training, and always strives to exceed training hours. 1600 1400 1200 1000 800 600 400 200 2016 2017 2018 2019 2020 2021 Total Hours of Ashland Police Department Use of Force Training ASHLAND POLICE DEPARTMENT Tel: 541-482-5211 1155 E. Main Street Fax: 541-488-6008 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Council Business Meeting August 2, 2022 Agenda Item Croman Mill Site Remediation - Update From Bill Molnar Director of Community Development Contact bill.molnarCaD_ashland.or.us 541-552-2042 SUMMARY The Council has requested staff to provide an update on current activities associated with the Croman Mill, which include continued oversight of excavation, status of voluntary clean-up action through the Oregon Department of Environmental Quality (ODEQ) and potential property sale and future land use development application. POLICIES, PLANS & GOALS SUPPORTED N/A — This is an informational item only PREVIOUS COUNCIL ACTION The City Council has not previously reviewed this item. BACKGROUND AND ADDITIONAL INFORMATION The Croman Mill District (CMD) Plan was adopted in August 2010. The Plan is referenced within Ashland's Comprehensive Plan and a new chapter has been added to the Land Use Ordinance to guide Plan implementation. Key objectives reviewed during the creation of the Croman Mill District Plan and implementing standards included preservation of employment lands, buffering the neighborhood to the west, mitigating traffic impacts to Tolman Creek Road, the preservation of natural areas (creeks, pond, and wetlands), addition of a central open space element, providing a street network incorporating truck, transit, pedestrian, and bicycle access and creating a unique identity to improve visibility of area. Clean -Up and Site Remediation - Status The former mill site consists of approximately 70-acres and was home to planning and sawmill operations for 62 years, from 1934 — 1996. At the time that mill operations were abandoned, the property contained an abundance of decommissioned equipment, construction materials and piles of debris and organic material from log decks. The property owners began preparing the site for development by clearing the equipment, materials and buildings after the Croman Mill District Plan was adopted by the City in 2010. In 2012, the property owners began a reclamation process to remove layers of organic material from the northwest corner of the site in the former log deck area. Over a several year period, on -site activity changed from site reclamation to the manufacturing and processing of quality soil amendments. At that time, the agent for the property owner indicated that sales from the production of soil amendments assisted in financing the ongoing clean-up of the site, which became more widespread compared to what had been initially anticipated. Overtime, it became apparent that the manufacturing and sale of soil amendments as well as importing and depositing fill material on the site appeared to overshadow the goals of the original reclamation proposal. Page 1 of 4 C I T Y O F -ASH LAN D Conditional Use Permit (CUP) for a Temporary Use - Manufacturing & Processing of Soil Amendments In August 2020, the Community Development Director denied a request for a conditional use permit for a 5-year extension to complete site reclamation and cleanup of the former mill site, assisted by the continuation of the recycling activity that included on -site manufacturing and sale of high -quality soil amendments. In denying the request, the City's decision determined that the application exceeded the requirements of a temporary use. It was also noted in the denial, that the CUP, while temporary (i.e., five years) was for a land use not generally permitted within the Croman Districts Office Employment (OE) Overlay, as manufacturing and processing uses are required to take place within a building. After the CUP denial, ongoing production of soil amendments cannot be conducted on site. Sorting of on -site material is allowed for hauling off site. Grading/Excavation Permit With the denial of the Conditional Use Permit, processing of soil amendments for the purpose of commercial sales is prohibited at this time. Staffs denial findings did note that an excavation/grading permit could be approved through the Building Division that would allow continued sorting and removal of waste and various debris associated with past Mill operations and other activities that had taken place over the property's history. The property owner with assistance from their consultant CEC Engineering, submitted and received approval of a Grading/Excavation permit from the City Building Division. The permit authorizes excavation and the removal of materials within existing debris piles, as well as the removal of materials sorted from existing rerun material piles (piles consisting of previously excavated materials that have undergone a minimal level of sorting). Bi-Monthly Site Visits Since late February of this year, the City's building official, code compliance specialist and senior planner have conducted bi-monthly visits to the site to meet with the property owner's agent and site excavator. The purpose of the visits is to monitor the progression of site changes, evaluate the location of debris piles, ensure compliance with the Building Division's excavation/grading permit and to discuss future actions (see attached examples of reports). Potential Sale and Future Redevelopment Proposal Planning is in contact with the property owners and working with a development team, Town Makers LLC, which is looking at developing the property and have a signed, with conditions, purchase, and sale agreement. Town Makers LLC held a neighborhood open house as well as attended a Planning Commission study session to discuss their ideas for the property. Staff have been meeting with members of Town Maker's LLC team for several months. A second pre -application meeting was held in June 2022 via zoom to discuss approaches and procedures for making changes to the Croman Mill District Plan's zoning designation and guiding standards. A third pre -application meeting is anticipated for September once a more detailed environmental assessment has been completed, final clean-up requirements are understood, and possible development phasing can be scoped. Current state of the property — remediation actions Croman Corporation retained SCS Engineering out of Portland to prepare a Site Investigation Work Plan to submit to the Oregon Department of Environmental Quality (ODEQ). SCS is an environmental consulting and construction firm that designs and implements environmental cleanup plans. They focus on solid and hazardous waste management, landfill gas, site remediation, renewable energy, and regulatory compliance for air, water, and soil. The work plan was completed and submitted to ODEQ in mid -July. The purpose of the work plan states: SCS Engineers has prepared this Site Investigation (SI) work plan to investigate the nature and extent of potential environmental impacts from former mill operations. The current property owners have applied for the Voluntary Cleanup Program (VCP) with the Oregon Department of Environmental Quality (DEQ) on March 31, 2022, for the purpose of determining if there are environmental impacts to the Site from former mill activities, and if necessary, remediate, so that they can obtain a no further Page 2 of 4 C 1 T Y OF -ASH LAN D action (NFA) determination and redevelop the property. Future plans for the Site are redevelopment for mixed commercial and residential use. A Phase I Environmental Site Assessment (ESA) for the Site was completed November 2021 by Rogue Environmental Consulting, LLC (Rogue Environmental) for Cinnabar Growth Capital] and is the foundation of this workplan. It is anticipated that ODEQ will need 30-45 days to review the work plan. The property owner's agent is anticipated the next steps to consist of a series of "geo probes" to measure and map potential contamination levels throughout the property. The mapping effort will include the use of probes testing the depth of potential subsurface debris or other materials. This information will be used to evaluate the sequence of clean-up, which likely will be considered in the phasing of future development. While Town Makers LLC has indicated a possible desire to develop the south end first, the phased clean-up plan, location and sizing of city utilities likely will influence the location of the initial phase of redevelopment. The large mounds of dirt being disturbed at the south end cannot be built upon and contain substantial debris which may be contaminated. Current on -site activity includes excavating pre-existing fill piles, and separating soil from concrete, wood, and metal materials in an effort to clear the southerly area. Sorting the materials on -site eliminates the need for a multi -step and multi -site process of transport and material disposal. These operations have been quite visible over the past few months and has resulted in questions and concerns from nearby residents of the area (see attached Q&A Summary outlining frequently asked questions on Croman Mill area activities). Regular on -site meetings with staff, the owner's representative and excavator have taken place and will be ongoing, scheduled every 4 to 6 weeks. A staff summary for both the March and May site visits is attached. The next site visit is scheduled for August 2na The project manager, Mike Montero, has informed staff majority of clean topsoil leftover from ongoing sorting of debris piles will be retained on the property in designated areas for future use. STAFF RECOMMENDATION Excavation and earth moving activities occurring on the property over the past 10 years has been and continues to be a major cause of frustration for surrounding property owners. In 2010, the owners of the Croman Mill site agreed to and supported the adoption of the Croman Mill District Plan and implementing Land Use Ordinance code chapter. At that time, they estimated the clean-up would take two to three years. They did not expect the challenges presented during excavation, largely brought on due to the site being used as a dumping ground (surface and subsurface) for a variety of debris and waste materials over six decades. Debris that includes wood waste, machinery parts, concrete and asphalt, tires, construction debris, abandoned vehicles, etc. Staff will continue to actively monitor excavation and grading on the site for compliance with the existing grading permit. From staff s routine visits to the site, we have witnessed excavated materials containing a host of different materials, including garbage, wood waste, abandoned machinery, etc. The owner's agent has stated that unusable materials have been trucked to the landfill, while other byproducts from the process, such as wood waste has been transported to Biomass. Additionally, as part of the voluntary clean-up program, continued excavation and material removal will be under the oversight of ODEQ as well. Staff recommends the city initiate the establishment of periodic neighborhood meetings by the property owner's representatives with interested community members. Staff also intends to establish on the Community Development Department's webpage, a page specifically devoted to the Croman Mill property. The page will include bi-monthly inspection reports, status and relevant documents associated with the project's voluntary clean-up actions through the Oregon Department of Environment Quality, as well as information related to the potentially forthcoming development proposal by Town Makers LLC. Page 3 of 4 CITY OF -ASH LAN D REFERENCES & ATTACHMENTS Croman Mill master plan map Summary of frequently asked questions Croman Mill Site Monthly Grading Permit Inspection Report — March 2022 Croman Mill Site Monthly Grading Permit Inspection Report — May 2022 Email — Mark DiRienzo (July 25, 2022) Page 4 of 4 CITY Of -ASHLAND Croman Mill District Land Use Overlays compatible indusWial XLI-C 1) moved use (CM-W neotwhood cMew (CIA-MCi cmce- employment (CM -OE) openspaceiccnservation icwos P N CITY OF !U1 -AS H LA N D August 2, 2022 - Council Agenda Item — Croman Mill Site Remediation Update Frequently Asked Questions: 1. Is there a Conditional Use Permit for current site activities which include excavation, sorting, and transport of materials off the Croman Mill site? In August 2020, the Community Development Director denied a request for a conditional use permit for a 5-year extension to site reclamation and cleanup of the former mill site, assisted by the continuation of the recycling activity that included on -site manufacturing and sale of high - quality soil amendments. Excavation, soil amendment manufacturing, and importing of construction debris and fill for disposal and storage had been occurring over several years on site. In denying the request, the City's decision determined that the application exceeded the requirements of a temporary use, which is defined as: A short-term, seasonal, reoccurring, or intermittent use. Such use must be approved by Conditional Use Permit only, except as exempted in the temporary use section. Within the decision to deny the CUP, the staff's findings noted that an excavation/grading permit could be approved to allow for continued removal of debris and waste from the property. Fill materials not already on the site, however, could not be imported to onto site nor could processing and sales of soil amendments occur. 2. What City permits have been issued for current excavation, sorting, and off -site transports of materials? A Grading Permit was issued by the City's Building Division as allowed by Oregon Structural Specialty Code (OSSC - Appendix J). The permit allows the City to require a plan prepared by an engineer for grading and excavation occurring on the Croman property as part of the excavation and sorting of materials. The existing permit authorizes excavation and grading, and the removal of materials within existing debris piles, as well as the removal of materials sorted from existing rerun material piles (piles consisting of previously excavated materials that have undergone a minimal level of sorting). 3. What actions does the City take to monitor activities on the Croman Mill site? Since late February of this year, the City's building official, code compliance specialist and senior planner have conducted bi-monthly visits to the site to meet with the property owner's agent and site excavator. The purpose of the visits is to monitor the progression of site changes, evaluate the location of debris piles, ensure compliance with the Building Division's excavation/grading permit and to discuss future actions. Additionally, the City's Code Compliance Specialist goes by the Croman Site on a weekly basis to review any activity and ensure permit requirements are maintained. This can include but not be limited to confirming DEPT. of COMMUNITY DEVELOPMENT Tel: 541-552-5305 20 East Main Street Fax: 541-552-20 �-, Ashland, Oregon 97520 TTY: 1-800-735-290900 www ashland or.us CITY OF -ASHLAND that debris and dirt is not tracked out onto City streets, a water truck is on-site.for dust control, and operations are limited to weekdays between 7:00 a.m. and 5:00 p.m. 4. Is a Conditional Use Permit required for Commercial Excavation and Removal of Earth Products? Commercial Excavation and Removal of Earth Products described in 18.2.3.070 is subject to approval of a Conditional Use Permit and Special Use Standards when located in the Woodland Residential (WR) zoning district, which includes extremely low -density residential areas within the City Limits. The Croman Mill District is not identified as a zone subject to the requirements and standards in the Table 18.2.2.030 below and Special Use Standards contained in 18.2.3.070 The Croman Mill District (CM) is one of several Special Districts and Overlay Zones guided by the standards contained within the CMD Special District. The CMD notes that where the provisions of this chapter conflict with comparable standards described in any other ordinance, resolution or regulation, the provisions of the CM district shall govern. DEPT. of COMMUNITY DEVELOPMENT Tel: 541-552-5305 20 East Main Street Fax: 541-552-20 As Ira Ashland, Oregon 97520 TTY: 1-800-735-290900 www ashland.or.us CITY OF -ASH LAN D Memo DATE: 7/29/2022 TO: Bill Molnar, Director FROM: Derek Severson, Senior Planner RE: Croman Mill Site Monthly Grading Permit Inspection Building, Planning and Code Compliance conducted the scheduled quarterly inspection for the grading permit for the Croman Mill site on March 30th. In addition, Planning staff are making at least two drive -by visits to the site each week to observe site work in progress. Staff met with the property owners' representative Mike Montero and the contractor from Johnny Cat, Inc. On - site, staff observed that recent work has focused on the "Re Run Piles" at the southeastern limits of the area covered by the permit, and that a substantial amount of material has been removed from this area since the last inspection. Johnny Cat representatives indicated that they continue to remove stockpiled re -run materials, garbage, contaminated materials, and contaminated gravel. They said they've taken 2,000 to 3,000 cubic yards of material off -site in the last three weeks and that this did not include material that could be re -used as compactable fill on -site other than some topsoil taken for construction of the owner's personal residence. The concerns raised over excavation of the site appears to be due to material being moved at the south end which is not addressed on the current grading permit. This area is within the limits of work detailed in the current permit, but is not specifically called out for material removal. The project team explained that the new buyers have shifted the vision for developing the first phase of the site to the south end, near Siskiyou Boulevard. On this end of the property, a significant portion of which is in County jurisdiction, the materials are not in defined piles but are rather large mounds overgrown with grass. This is non-native material —staff observed large, decaying wood and lengths of mangled culvert mixed in as you see in the photo below, and the owners' representative noted there were some truck -sized pieces of concrete. The Building Official recognized that it would not be suitable as fill to support construction on site so it is being removed to bring them down to the native soil/natural grade; Robin Warren, geotechnical engineer from Applied Geotechnical Engineering Consultants, has been on site and will be providing a detailed report on his observations and recommendations. (There is a large concrete slab for the previous shop building which they noted is going to need to be removed here as well at some point in the near future.) This is the south -end work area observed yesterday: Department of Community Development Tel: 541-488-5305 51 land, O Way Fax: 5800-735-290 W�, Ashland, Oregon 97520 TTY: 800-735-2900 xvw .ashland.or.us The owner's team noted that they are now working with DEQ on a voluntary clean-up plan. Development of a clean-up plan for DEQ review will cost them approximately $100,000 and once the planned clean-up work is done Department of Community Development Tel: 541-488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us it will yield a "no further action required" letter from DEQ which is necessary for the sale of the property to proceed. Montero did directly confirm that the buyers are still on board and the sale is moving forward. In addition, the applicants noted they are working with Ashland Fire & Rescue to create and maintain an acceptable fire break around the site's perimeter well in advance of the weed abatement deadline, and that there is metered city water available which will be used to keep a water truck full and on site during all site work. In terms of potential amendments to the grading permit, we discussed: • Making the required inspections monthly rather than quarterly, although it sounds like they are in regular communications with Code Compliance outside of the quarterly inspections. The Building Official suggested we formalize a monthly inspection and log results in Energov to have a clear paper trail. • Clarifying the days where work is allowed (currently, the permit just says five days a week; applicant would like to be able to work a total of five days per week, but not limited to M-F as their work is dependent on when labor is available. They indicated they have remained well within the allowed hours and total daily trips.) • Identifying the areas where grass -covered mounds of non-native material are being removed at the south end of the site to enable the first phase development of the site by the new buyer and clarifying that these mounds of non-native material which are unsuitable as structural fill will be removed to natural grade. (They are maintaining silt -fencing on the downhill edge to avoid any erosion which would affect the drainage to the south.) Montero asked that we please run the specific language by him, if we feel these changes need to be made to the existing permit, but he seemed generally agreeable. Department of Community Development Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 �r www.ash land. orms CITY OF ASHLAND Memo DATE: 7/29/2022 TO: Bill Molnar, Director FROM: Derek Severson, Senior Planner RE: Croman Mill Site Monthly Grading Permit Inspection Building, Planning and Code Compliance conducted the scheduled monthly inspection for the grading permit for the Croman Mill site on Thursday, May 192h. In addition, Planning staff are making at least two drive -by visits to the site each week to observe site work in progress. Staff met with the property owners' representative Mike Montero and the contractor from Johnny Cat, Inc. Johnny Cat provided staff with April load logs which indicated that 170 cubic yards of contaminated granite and asphalt, 374 cubic yards of organic materials, and 1080 cubic yards of asphalt grindings were removed from the site during the month of April. On -site, staff observed that recent work has focused on the "Re Run Piles" at the southeastern limits of the area covered by the permit, and that a substantial amount of material has been removed from this area since the last inspection. Erosion control measures were in place at the perimeter of the work area, and the on -site crew indicated that they were aware of and in communication with Ashland Fire & Rescue about fire season work restrictions and weed abatement requirements. They have a water source on site to address fire requirements and mitigate dust, will have a water truck on site when work is occurring, and are suspending site work during periods of heavy wind to avoid creating dust. As was discussed at the March 30th site inspection, work has shifted to this southern portion of the property in response to a tentative plan from potential buyers Townmakers, LLC who are in negotiations to purchase and develop the property once an Oregon Department of Environmental Quality (DEQ) required clean-up plan has been approved and implemented and land use approvals obtained. The tentative plan is to develop this southern end of the property first, and the piles currently in place are not suitable as fill and need to be removed to facilitate development. The owners' representative provided staff with an update on the status of DEQ's review of the clean-up plan, explaining that the property owners are now under contract with SCS Engineers to implement the clean-up plan. SES and Townmakers will be on site beginning May 25th, and the owners are working with DEQ to obtain "no further action" letters for the site areas as they are cleaned up to coincide with Townmakers' plans for phased development of the site. Planning staff have been in regular communications with both the owners' team and Townmakers, and staff anticipate that a second pre -application conference to consider a more detailed re -development plan will be conducted in early summer. The most recent discussions with the buyers have suggested they are looking at simplifying the current zoning for the property, and that they are likely to propose a single zone and a more form - based approach, and anticipate that the development will include 500 new residential units, 171,600 square feet of light industrial space, and 133,500 square feet of retail, office and other commercial space at final build -out. Department of Community Development Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 �r wwxv.ashland. or. us From: Mark D To: Bill Molnar Cc: Gina DuOuenne; Tonva Graham; Stefani Seffinaer; Stephen Jensen; Shaun Moran; Julie Akins; Paula Hyatt; Lessard Subject: Croman Mill - Illegal For -profit Soil Operation Continues Date: Monday, July 25, 2022 5:38:11 PM [EXTERNAL SENDER] Hi Bill, today is officially 2 years since your department DENIED a land -use permit for Croman to operate a commercial soil operation on Croman land, yet you have allowed this illegal and un-permitted operation to continue unfettered anyway. The waste piles they created remain, new high dollar topsoil is being created from new holes in the ground and shipped offsite, the negative neighborhood and environmental impacts continue, and the remnants left behind on this property are making future development into the envisioned Croman Mill Masterplan more difficult and costly. The land use denial in July 2020 was a relief for me and other neighbors who lived with that illegal and un-permitted operation going on for 8 prior year, despite our consistent complaints to you and your code enforcement folks. But it turns out that public process and denial that finally happened meant nothing, because you allow the operation to continue anyway. In fact, you not only allow a denied use to continue, but you went above and beyond by finding them a work around your own department's denial. After denying the Land Use application, you instead issued a building department "grading permit" which requires no public input. As I've pointed out to you from the beginning, this building department grading permit is not appropriate or applicable to this commercial soil operation and typically accompanies a land use approval for a new building project, which Croman does not have. You chose to use the building department work around to avoid the same public scrutiny that you received during the land use process. Therefore you've ignored citizen input, the Land use code itself, and just did what you wanted to do anyway. What makes it worse is that while issuing this questionable work around, you gave Croman guidelines that they immediately ignored from day one and you don't even enforce your own guidelines. Commercial Excavation and Removal of Sand, Gravel, Stone, Loam, Dirt or Other Earth Products " (18.2.3.070) is prohibited on this land and Croman was denied a land use application to do so. So, how can you legally (and why do you professionally) allow them to continue? Mark DiRienzo Ashland, OR Council Business Meeting August 2, 2022 Agenda Item Approval of Liquor License Request for MOD Pizza From Melissa Huhtala City Recorder Contact Melissa. huhtala(a)-ashland.or.us; (541) 552-2084 SUMMARY This is a request for approval of a liquor license application for MOD Pizza, 2305 Ashland ST., Ste # 101, Ashland, OR 97520. POLICIES, PLANS & GOALS SUPPORTED AMC Chapter 6.32 Liquor License Review PREVIOUS COUNCIL ACTION N/A BACKGROUND AND ADDITIONAL INFORMATION This is an application for a Limited on Premises Commercial Liquor License. FISCAL IMPACTS N/A STAFF RECOMMENDATION Staff recommends approval of the liquor license application. The City has determined that the location of this business complies with the City's land use requirements. The applicant has a Business License and has registered as a restaurant. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve the liquor license for MOD Pizza. REFERENCES & ATTACHMENTS Attachment 1: Application Page 1 of 1 CITY OF -ASHLAND LIQUOR LICENSE APPLICATION Page 1 of 3 Check the appropriate license request option: ❑ New Outlet I ❑ Change of Ownership 1 ❑ Greater Privilege I ❑ Lesser Privilege Select the license type you are applying for. More information about all license types is available online Full On -Premises ❑Commercial ❑Caterer ❑Public Passenger Carrier ❑Other Public Location ❑For Profit Private Club ❑Nonprofit Private Club Winery ❑Primary location Additional locations: ❑2nd 113rd ❑4th 05th Brewery ❑Primary location Additional locations: 02nd ❑3rd Brewery -Public House ❑Primary location Additional locations: 02nd 03rd Grower Sales Privilege ❑Primary location Additional locations: ❑2nd 03rd Distillery ❑ Primary location Additional tasting locations: 02nd 03rd 04th 05th 06th [21 limited On -Premises ❑ Off Premises ❑ Warehouse ❑ Wholesale Malt Beverage and Wine Date application received: OLCC Liquor License Application (Rev.04,15.22) LIQUOR LICENSE APPLICATION Page 2 of 3 _- .- ;: APPLICANT INFORMATION Identify the applicants applying for the license. This is the entity (example: corporation or LLC) or individual(s) applying for the license. Please add an additional page if more space is needed. Name of entity or individual applicant #1: Name of entity or individual applicant #2: Mod Super Fast Pizza, LLC Name of entity or individual applicant #3: Name of entity or individual applicant #4: BUSINESS.INFORMATION ' - Trade Name of the Business (name customers will see): Mod Pizza Business phone number: TBD Business email: licensing@modpizza.com Premises street address (The physical location of the business and where the liquor license will be posted): 2305 AshlanSt. Ste #101 City: Ashland Zip Code: 97520 Coun : JaCKSon Business mailing address (where we will send any items by mail as described in OAR 845-004-0065111.): Po Box 6939 City: Bellevue State: WA Zip Code: 98008 Does the business address currently have an OLCC Does the business address currently have an OLCC liquor license? 0 Yes ❑ No marijuana license? ❑ Yes O No APPLICATION CONTACT INFORMATION :: Contact Name: Jill Miller - Paralegal Please note: liquor license applications are public records. OLCC Liquor License Application (Rev. 04,15.22) LIQUOR LICENSE APPLICATION Page 3 of 3 ATTESTATIONS By signing this form, you attest that each of the following statements are true. I understand the Commission may require a licensee to provide proof of any of the below or below referenced documents at any time. I understand that marijuana is prohibited on the licensed premises. This includes marijuana use, consumption, ingestion, inhalation, samples, give-away, sale, etc. I attest that all answers on all forms and documents, and all information provided to the OLCC as a part of this application are true and complete. I affirm that 1 have read OAR 845-005-0311 and all individuals (sole proprietors) or entities with an ownership interest (other than waivable ownership interest per OAR 845-005-0311[6]) are listed as license applicants in #2 above. I understand that failure to list an individual or entity who has an un- waivable ownership interest in the business may result in denial of my license or the OLCC taking action against my license in the event that an undisclosed ownership interest is discovered after license issuance. Scott Svenson Print name Signature Date 5/5/2022 Atty. Bar Info (if applicable) Print name Signature Date Atty. Bar Info (if applicable) Print name Signature Date Atty. Bar Info (if applicable) Print name Signature Date Atty. Bar Info (if applicable) OLCC Liquor License Application (Rev. 04.15.22) OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY FORM PRINT FORM RESET FORM 1. Name (Print): SvenSon Scott Last First Middle 2. Other names used (maiden, other): N/A 3. Do you have a Social Security Number SS the United States Social Security Administration? Yes X No If yes, you must list your SSN: SOCIAL SECURITY NUMBER DISCLOSURE: As part of your application for an initial or renewal license, Federal and State laws require you to provide your Social Security Number (SSN) to the Oregon Liquor Control Commission (OLCC) for child support enforcement purposes (42 USC § 666(a)(13) & ORS 25.785). If you are an applicant or licensee and fail to provide your SSN, the OLCC may refuse to process your application. Your SSN will be used only for child support enforcement purposes unless you indicate below. Based on our authority under ORS 471.311 and OAR 845-005-0312(6), we are requesting your voluntary consent to use your SSN for the following administrative purposes only: to match your license application to your Alcohol Server Education records (where applicable), and to ensure your identity for criminal records checks. OLCC will not deny you any rights, benefits or privileges otherwise provided by law if you do not consent to use of your SSN for these administrative purposes (5 USC§ 552(a). 4. Do you consent to the OLCC's use of my SSN as described above? Check this box: 5. Date of Birth (DOB): (mm) (dd) (YYYy) 6. Driver License or State ID #: 7. State= 8. Contact Phone: 9. E-mail Address: 10. Mailing Address: (Number and Street) (City) (State) (Zip Code) 11. In the past 10 years, have you been convicted of a felony or a misdemeanor in a U.S. state outside of Oregon? No F Yes D (If yes, explain in the space provided, below) Unsure F� Choose this option and provide an explanation if, for example: you were arrested or went to court, but are unsure of whether there was a conviction; you paid a fine or served probation or parole, but are unsure of whether there was a conviction; or if you know you had a conviction, but you are unsure of whether the conviction has been removed from your record, etc. Rev. 1.8.21 Page 2 of 3 OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY FORM 12. Do you, or any entity that you are a part of, currently hold or have you previously held a recreational marijuana license in Oregon? (Note: marijuana worker permits are not marijuana licenses.) No F"1 Yes n Please list licenses 1:1 (and year(s) licensed) below Unsure Please include an explanation: 13. Do you, or any entity that you are a part of, hold an alcohol license in a U.S. state outside of Oregon? No 17 Yes F7 Please list licenses F (and year(s) licensed) below Unsure Please include an explanation: Washington License 433116 Restaurant Beer and Wine License; Washington License 431468 Restaurant Beer and Wine Licence Mod Pizza hold numerous alcohol licenses across the country. They are all retail licenses. Due to the size of this list, an entire copy is available upon request. 14. Do you or any entity that you are a part of, have any other liquor license applications pending with the OLCC? X No F _ Yes Please list applications below Unsure Please include an explanation: Limited on Premise Retail Application for 2275 NE 27th Suite C & D, McMinnville OR submitted to the OLCC via email on 4/5/22. MOD Superfast Pizza LLC. DBA Mod Pizza You must sign your own form (electronic signature acceptable). Another individual, such as your attorney or an individual with power of attorney, may not sign your form. Affirmation Even if I receive assistance in completing this form, I affirm by my signature below, that my answers on this form are true and complete. I understand the OLCC will use the above information to check my records, including but not limited to my criminal history. I understand that if my answers are not true and complete, the OLCC may deny my license application. Name (Print): Svenson Last Scott First Middle Signature: Date: 5/5/2022 This box for OLCC uce WWII v jDoes the individual currently hold, or has the individual previously held, an OLCC- issued liquor license? Rev 1.8.21 Page 3 of 3 oe�00N LrQ' �iou c j2 O��yyp OZ COMN� OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY FORM PRINT FORM RESET FORM 1. Name (Print): Guenser Joshua John Last First Middle 2. Other names used (maiden, other):N/A 3. Do you have a Social Security Number SSN issued b the United States Social Security Administration? Yesz1 No If yes, you must list your SSN: : SOCIAL SECURITY NUMBER DISCLOSURE: As part of your application for an initial or renewal license, Federal and State laws require you to provide your Social Security Number (SSN) to the Oregon Liquor Control Commission (OLCC) for child support enforcement purposes (42 USC § 666(a)(13) & ORS 25.785). If you are an applicant or licensee and fail to provide your SSN, the OLCC may refuse to process your application. Your SSN will be used only for child support enforcement purposes unless you indicate below. Based on our authority under ORS 471.311 and OAR 845-005-0312(6), we are requesting your voluntary consent to use your SSN for the following administrative purposes only: to match your license application to your Alcohol Server Education records (where applicable), and to ensure your identity for criminal records checks. OLCC will not deny you any rights, benefits or privileges otherwise provided by law if you do not consent to use of your SSN forthese administrative purposes (5 USC§ 552(a). 4. Do you consent to the OLCC's use of my SSN as described above? Check this box: 5. Date of Birth (DOB): mm (mm) (dd) ( ) 6. Driver License or State ID #: 7. State 8. Contact Phone: 9. E-mail Addre 10. Mailing Address: (Number and Street) (City) (State) (Zip Code) 11. In the past 10 years, have you been convicted of a felony or a misdemeanor in a U.S. state outside of Oregon? FA g Z1 No Yes (If yes, explain in the space provided, below) Unsure Choose this option and provide an explanation if, for example: you were arrested or went to court, but are unsure of whether there was a conviction; you paid a fine or served probation or parole, but are unsure of whether there was a conviction; or if you know you had a conviction, but you are unsure of whether the conviction has been removed from your record, etc. I Rev. 1.8.21 Page 2 of 3 • OREGON LIQUOR CONTROL COMMISSION INDIVIDUAL HISTORY FORM NOV 12. Do you, or any entity that you are a part of, current) hold or have you previously held a recreational marijuana license in Oregon? (Note: marijuana worker permits are not marijuana licenses. No 1� :1 Yes 1l Please list licenses (and year(s) licensed) below Unsure ❑ Please include an explanation: 13. Do you, or any entity that you are a part of, hold an alcohol license in a U.S. state outside of Oregon? No —1 Yes M Please list licenses (and year(s) licensed) below Unsure ® Please include an explanation: See above 14. Do you or any entity that you are a part of, have any other liquor license applications pending with the OLCC? No ❑ Yes n Please list applications below Unsure n Please include an explanation: Mod Super Fast Pizza LLC 2275 NE 27th Suite C & D McMinnville OR submitted via email to the OLCC on 4/5/22. You must sign your own form (electronic signature acceptable). Another individual, such as your attorney or an individual with power of attorney, may not sign your form. Affirmation Even if I receive assistance In completing this form, I affirm by my signature below, that my answers on this form are true and complete. I understand the OLCC will use the above information to check my records, including but not limited to my criminal history. I understand that if my answers are not true and complete, the OLCC may deny my license application. Name (Print): Guenser Last Joshua First John Middle Signature: \ Date: 5/5/2022 This box for OLCC use ONLY Does the individual currently hold, or has the individual previously held, an OLCC- issued liquor license? Rev. 1.8.21 Page 3 of 3 OREGON LIQUOR CONTROL COMMISSION BUSINESS INFORMATION Please Print or Type Applicant Name: MOD SUPER FAST PIZZA, LLC Trade Name (dba): MOD PIZZA Business Location Address 2305 Ashland St., Ste #101 Phone: 425-256-7625 City: Ashland, Oregon ZIP Code: 97520 Business Hours: Outdoor Area Hours: The outdoor area is used for: Sunday Monday 1030" to 10pm Sunda Y 10:30am to 10:00 m P Food service Hours: 10:30am to 11:OOpm 1030am to 1opm Tuesday 103oam to 1Opm Monday 10:30am to 10:00pm [y Alcohol service Hours: 10:30am to 11:OOpm Tuesday 10 00 m 10:30am to p Wednesday10 30am to tOpm Wednesday 10:30am to 10:OOpm ❑Enclosed, how Thursday 1030am to 11pm Thursday 10:30am to 11:00pm The exterior area is adequately viewed and/or Friday 1030am to „pm Friday 10:30am to 11:00pm supervised by Service Permittees. Saturday 1030am to 11pm Saturday 103 0 -am to 1 00 m -� (Investigator's Initials) Seasonal Variations: © Yes ❑ No If yes, explain: Outdoor seating is weather permitting ❑ ' r Live Music Check all that apply: pp Y� ❑ Karaoke • - • • - DJ MUSIC N/A ❑ Recorded Music ❑ Coin -operated Games Sunday to ❑ ❑ Monday to DJ Music Video Lottery Machines Tuesday to ❑ Dancing ❑ Social Gaming Wednesday Thursday to to ❑ Nude Entertainers ❑ Pool Tables Friday Saturday to to ❑ Other: Restaurant: 52 Outdoor: 28 Lounge: Other (explain): 'R�-GWQ-" Banquet: Total Seating: 80 OLCC USE ONLY Investigator Verified Seating._(Y) X (N) Investigator Initials. TM Date: 7/12/2022 I understand if my answers are not true and complete, the OLCC may deny my license application. Applicant Signature: 04LLS711 Date: 5/5/2022 1-800-452-OLCC (6522) www.oregon.gov/olcc (rev. 12107) Council Business Meeting August 2, 2022 Agenda Item Approval of Two Contracts with Emergency Communications of Southern Oregon From Tighe O'Meara Police Chief Ralph Sartain Fire Chief Contact Tighe.omeara@ashIand.or.us 541-552-2142 Ral h.sartain ashland.or.us 541-552-2229 SUMMARY Staff is seeking approval of two contracts with Emergency Communications of Southern Oregon (ECSO). One contract for the police department (APD), and one for the fire department (AFR). POLICIES, PLANS & GOALS SUPPORTED . PREVIOUS COUNCIL ACTION These two contracts represent the latest in a long partnership that best serves the departments and community. BACKGROUND AND ADDITIONAL INFORMATION Prior to 2003 the City of Ashland maintained an in-house 911 dispatch center. Since 2003 the City has contracted with an outside agency to provide consolidated dispatch services. At first the City contracted with the City of Medford. In approximately 2009 Medford dispatch operations combined with the County's dispatch operations and together they became Emergency Communications of Southern Oregon (ECSO). All 911 calls in Jackson County go to ECSO, and all emergency services (except for Oregon State Police) are dispatched by ECSO. Having one regional dispatch center, as we have with ECSO, represents the most cost effective and efficient way to handle emergency and first responder communications. The APD as well as AFR, contract with ECSO for emergency dispatch services. There is no viable option other than ECSO available to fulfill this role currently. The language of the contract for 2022-2023 remains the same. As such, staff is seeking Council's approval of an amendment for both the police department and the fire department contracts with ECSO. The approval of this amendment extends the City's contracts with ECSO through June 30, 2023. Previous user fees for police and fire combined: FY22 $688,812.20 FY21 $668,749.71 FY20 $668,749.71 FY19 $649,271.56 ' FY18 $630,360.74 FISCAL IMPACTS The contract between the police department and ECSO will cost the city $491,478.25 and is budgeted for in the current budget. The contract between the fire department and ECSO will cost the city is 217,728.31 and is budgeted for in the current budget. Page 1 of 2 C I T Y O F ASHLAND STAFF RECOMMENDATION Staff recommends that Council authorize execution of the contracts. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move to approve execution and approval of the amendments between ECSO and the police and fire departments. REFERENCES & ATTACHMENTS Amendment to contract between ECSO and the Ashland Police Department Amendment to contract between ECSO and Ashland Fire and Rescue User Fee Schedule Page 2 of 2 CITY OF AS H LA N D Amendment No. 4 to ECSO User Agreement This AMENDMENT No. 3 to the ECSO User Agreement dated October 18, 2018 (the "contract') between Ashland Police Department ("Agency") and Emergency Communications of Southern Oregon ("ECSO") is effective July 1, 2022. AMENDMENT 1. Defined terms used but not defined in this Amendment areas defined in the Contract. 2. Exhibit "C" of the Contract is hereby deleted and replaced by Exhibit C attached hereto. Except as expressly modified by this Amendment, the terms and conditions of the Contract remain in full force and effect. EMERGENCY COMMUNICATIONS ASHLAND POLICE DEPARTMENT OF SOUTHERN OREGON: B r w✓ By: C� Date ' V-2 ()Da Title: 'IN tLC. C�b/L— Title: EXHIBIT "C" ECSO FY 2022/2023 USER FEES BLM $ 7,330.51 BLM - Law $ 7,330.51 Butte Falls Fire $ 3,655.65 Butte Falls Police $ 7,330.51 Crater Lake National Park $ 15,208.19 Greensprings Fire $ 7,330.51 Jackson County Airport $ 15,208.19 Jackson County Roads $ 7,330.51 Jackson County Services $ 7,330.51 Lake Creek Rural Fire $ 7,330.51 ODF $ 7,330.51 Community Justice $ 7,330.51 Prospect Fire $ 7,330.51 SOU $ 15,208.19 US Forest Service $ 7,330.51 Ashland Fire $ 217,728.31 Ashland Police $ 491,478.25 Central Point Police $ 304,435.79 Eagle Point Police $ 158,038.29 Evans Valley Fire #6 $ 25,255.82 Jackson County Sheriff $ 1,429,125.79 Jacksonville Fire $ 30,594.42 Jacksonville Police $ 71,774.74 JCFD #1 $ 72,599.18 JCFD #3 $ 447,515,19 JCFD #4 $ 50,452.11 JCFD #5 $ 166,637.55 JCFD #9 $ 50,540.61 Medford Fire $ 725,294.03 Medford Police $ 1,499,574.54 Phoenix Police $ 76,595.58 Rogue River Police $ 38,670.91 Talent Police $ 93,735.47 Amendment No. 4 to ECSO User Agreement This AMENDMENT No. 3 to the ECSO User Agreement dated October 18, 2018 (the "contract") between Ashland Fire Department ("Agency") and Emergency Communications of Southern Oregon ("ECSO") is effective July 1, 2022. AMENDMENT 1. Defined terms used but not defined in this Amendment are as defined in the Contract. 2. Exhibit "C" of the Contract is hereby deleted and replaced by Exhibit C attached hereto. Except as expressly modified by this Amendment, the terms and conditions of the Contract remain in full force and effect. EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON: Date 7/5/2 Z Title: �, L¢ ASHLAND FIRE DEPARTMENT By: 7_)3-2ozz Title: P, R-je C�Lc EXHIBIT "C" ECSO FY 2022/2023 USER FEES BLM $ 7,330.51 BLM - Law $ 7,330.51 Butte Falls Fire $ 3,655.65 Butte Falls Police $ 7,330,51 Crater Lake National Park $ 15,208.19 Greensprings Fire $ 7,330.51 Jackson County Airport $ 15,208.19 Jackson County Roads $ 7,330.51 Jackson County Services $ 7,330.51 Lake Creek Rural Fire $ 7,330.51 ODF $ 7,330.51 Community Justice $ 7,330.51 Prospect Fire $ 7,330,51 SOU $ 15,208.19 US Forest Service $ 7,330.51 Ashland Fire $ 217,728.31 Ashland Police $ 491,478.25 Central Point Police $ 304,435.79 Eagle Point Police $ 158,038.29 Evans Valley Fire #6 $ 25,255.82 Jackson County Sheriff $ 1,429,125.79 Jacksonville Fire $ 30,594.42 Jacksonville Police $ 71,774.74 JCFD #1 $ 72,599,18 JCFD #3 $ 447,515.19 JCFD #4 $ 50,452.11 JCFD #5 $ 166,637.55 JCFD #9 $ 50,540.61 Medford Fire $ 725,294.03 Medford Police $ 1,499,574.54 Phoenix Police $ 76,595.58 Rogue River Police $ 38,670.91 Talent Police $ 93,735.47 Council Business Meeting August 2, 2022 Consideration of ballot referendum item for the November 8, 2022, General Election: • Second reading of Ordinance 3212 amending AMC Chapter 4.34, Food and I Agenda Item Beverage Tax • Approve of Resolution 2022-23 referring Ordinance 3212 to City Elections Officer From Joseph Lessard City Manager Doug McGeary City Attorney Contact ioe.lessard(&-ashland.or.us dou .mc ea ashland.or.us SUMMARY At the City Council's Business Meeting of July 19,2022, the City Council approved first reading of an ordinance to be referred to a public vote of the citizens of Ashland that would accomplish the following: Amend AMC Chapter 4.34, Food & Beverage Tax, to authorize its use as follows: • Not less than 25% of revenues for parks, open spaces and trails, and recreation purposes • Up to 73% of revenues for general government purposes, including public safety, wildfire prevention, city parks, open space and trails, recreation, senior services, and emergency event housing purposes. • Tax administration to continue to be 2% of revenues • The tax would also be extended until Dec. 31, 2040 The above ballot item was put forward as the City Manager's recommended proposal for the future use of the Food and Beverage Tax at the City Council's June 14, 2022, Special Called Business Meeting. To approve the above item for consideration by the citizens of Ashland, the City Council will need to take the following steps: • Conduct second reading of the proposed ordinance at either the Aug. 2 or Aug. 16 City Council Business Meeting • With second reading of the ordinance, adopt a formal resolution submitting the corresponding ballot measure to the City of Ashland's Elections Officer (the City Recorder) for submittal to the Jackson County Elections Officer no later than August 19, 2022, for inclusion as a referendum item on the Nov. 8, 2022, General Election ballot. FISCAL IMPACTS The proposed alternative amendments to AMC Chapter 4.34 set forth in proposed Ordinance No. 3212 will not alter the tax rate or level of revenues collected from of the Food and Beverage Tax but will broaden its possible uses beyond city park capital improvements to the General Fund uses, including those referenced above and in the attached Ordinance 3212. Page 1 of 2 CITY Of -AS H LAN D STAFF RECOMMENDATION City staff recommends referring Ordinance 3212 on the Food and Beverage Tax to be included as a ballot measure for public vote at the November 8, 2022, General Election. ACTIONS, OPTIONS & POTENTIAL MOTIONS The following two actions by the City Council are necessary to advance Ordinance 3212 to a public vote: o I move to approve Second Reading of Ordinance No. 3212 relating to the Food and Beverage Tax o I move to adopt Resolution No. 2022-23 referring Ordinance No. 3212 to the City's Elections Officer for a vote of the qualified voters of the City of Ashland at the November 8, 2022, General Election. REFERENCES & ATTACHMENTS Attachment 1. Proposed Ordinance No. 3212 Relating to the Food and Beverage Tax; Amending AMC 4.34.020 and 4.34.160 (the City Manager's recommended proposal for general government use) Attachment 2. Draft referring resolution (to be completed or finalize depending on which ordinance is referred to the Nov. 8 h General Election) Page 2 of 2 C I T Y O F -ASH LAN D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO.3212 AN ORDINANCE RELATING TO THE FOOD AND BEVERAGE TAX; AMENDING AMC 4.34.020 AND AMC 4.34.160 Annotated to show deletions and additions to the Ashland Municipal Code sections being modified. Deletions are bold lined ough, and additions are bold underlined. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Ashland Municipal Code 4.34.020 is hereby amended as follows: 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 4.34.030.K; 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 (1/2) 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 ORDINANCE NO.3212 Page 1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 4. The following items sold by combination facilities that are bakeries: a. All those items listed in subsections A.3.a-d of this section; 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 (51/o) 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 (1/2) cent or more shall be treated as one cent. C. The taxes collected by the City under this chapter shall be used as follows: 1. Not less than twenty-five Twenty `e percent (25%) shall be used for purposes of acquisition, planning, development, operation, maintenance, repair and rehabilitation of City parks, open spaces, and trails and for recreation or senior Programs per- adopted plans of the AS-h-l—And- P-AdEs and Reema&a Gew.,Hi 2. Up to seventy-three percent (73%) may be used for general government purposes including, but not limited to, public safety, wildfire prevention, and emergency event housing. 3.2-. The City may retain up to two percent (2%) of the tax collected for costs of administration and collection. City of Ashland's Capital improvement Plan., in fiseal 2017, a. year- . . . . ORDINANCE NO.3212 Page 2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 . OW . . . . . . . . . . .. ........... . Ki D. The Council may decrease the rate of the tax or eliminate the tax described in subsections A and B of this section after a public hearing. Notice of the hearing shall be given by publication in a newspaper of general circulation in the City at least ten (10) days prior to the date of the public hearing. Such notice may be published in the online or electronic version of such newspaper. SECTION 2. Ashland Municipal Code 4.34.160 is hereby amended as follows: 4.34.160 Termination of Tax This chapter shall expire on December 31, 2040 24M, unless extended by a vote of the electorate. SECTION 3. Codification. In preparing this ordinance for publication and distribution, the City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within such limitations, may: ORDINANCE NO. 3212 Page 3 of 5 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (a) Renumber sections and parts of sections of the ordinance; (b) Rearrange sections; (c) Change reference numbers to agree with renumbered chapters, sections or other parts; (d) Delete references to repealed sections; (e) Substitute the proper subsection, section, or chapter numbers; (f) Change capitalization and spelling for the purpose of uniformity; (g) Add headings for purposes of grouping like sections together for ease of reference; and (h) Correct manifest clerical, grammatical, or typographical errors. SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable, and if any part of this ordinance is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect. SECTION 5. Referral. This ordinance is referred to the electors of the City of Ashland for approval at the next statewide general election on November 8, 2022. SECTION 6. Effective Date. This ordinance takes effect and becomes operative thirty (30) days after the day on which it is approved by a majority of the voters. PASSED by the City Council this day of , 2022. ATTEST: Melissa Huhtala, City Recorder SIGNED and APPROVED this day of ORDINANCE NO.3212 Julie Akins, Mayor 2022. Page 4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Reviewed as to form: Katrina L. Brown, City Attorney ORDINANCE NO.3212 Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 2022-22 A RESOLUTION OF THE CITY OF ASHLAND SUBMITTING TO THE VOTERS AT THE NOVEMBER 8, 2022 GENERAL ELECTION PROPOSED AMENDMENTS TO CHAPTER 4.34 OF THE ASHLAND MUNICIPAL CODE RELATED TO THE FOOD AND BEVERAGE TAX NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES AS FOLLOWS: SECTION 1. The City Council submits to the qualified voters of the City of Ashland the question of approving or rejecting amendments to Chapter 4.34 of the Ashland Municipal Code related to the City's food and beverage tax and which shall become effective only upon it passage by the electorate. SECTION 2. The City Council hereby refers this question to the ballot of the November 8, 2022 General Election. SECTION 3. The City Recorder shall cause to be delivered to the Elections Officer of Jackson County, Oregon, the ballot title attached hereto as "Exhibit A" and fully incorporated herein by this reference. SECTION 4. The City Attorney is hereby authorized to alter the text of the ballot title to comply with any rules, procedures, or practices of the Elections Officer of Jackson County, Oregon, to implement the requirement of Oregon law. SECTION 5. This resolution is effective upon adoption. ADOPTED by the City Council this day of , 2022. ATTEST: Melissa Huhtala, City Recorder SIGNED and APPROVED this day of RESOLUTION NO.2022-22 Julie Akins, Mayor 2022. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Reviewed as to form: Katrina L. Brown, City Attorney RESOLUTION NO.2022-22 Page 2 of 2 EXHIBIT A (CITY MANAGER) BALLOT TITLE CAPTION: PROPOSED AMENDMENTS TO ASHLAND'S FOOD AND BEVERAGE TAX ORDINANCE QUESTION: SHALL THE ORDINANCE BE AMENDED TO DEDICATE A PORTION OF REVENUES TO GENERAL GOVERNMENT SERVICES AND EXTEND THE SUNSET DATE? SUMMARY: THE CITY OF ASHLAND'S CURRENT FOOD AND BEVERAGE TAX ORDINANCE REQUIRES THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE TAX COLLECTED BE APPROPRIATED FOR THE ACQUISITION, PLANNING, DEVELOPMENT, REPAIR AND REHABILITATION OF CITY PARKS. UP TO TWO PERCENT MAY BE APPROPRIATED FOR THE COLLECTION AND ADMINISTRATION OF THE TAX. THE REMAINING AMOUNT MAY BE APPROPRIATED FOR STREET REPAIR AND FOR PARKS. THIS MEASURE WOULD REQUIRE THAT NOT LESS THAN TWENTY-FIVE PERCENT OF THE TAX BE APPROPRIATED FOR PARKS AND WOULD ALLOW UP TO SEVENTY-THREE PERCENT TO BE USED FOR GENERAL GOVERNMENT PUROPOSES INCLUDING PUBLIC SAFETY, WILDFIRE PREVENTION, AND EMERGENCY EVENT HOUSING. THIS MEASURE WOULD ALLOW THE TAX TO BE USED FOR PARKS OPERATIONS AND MAINTENANCE IN ADDITION TO ACQUISITION, PLANNING, DEVELOPMENT, REPAIR AND REHABILITATION. IT WOULD EXTEND THE EXPIRATION DATE OF THE TAX TO DECEMBER 31, 2040. IT WOULD BECOME EFFECTIVE UPON APPROVAL OF ASHLAND VOTERS. THIS MEASURE WOULD NOT CHANGE THE CURRENT TAX RATE OF FIVE PERCENT (5%) AND PROVIDES THAT THE TAX RATE AND USE OF TAX COULD NOT CHANGE WITHOUT VOTER APPROVAL. Council Business Meeting August 16, 2022 Agenda Item Resolution creating Standing Advisory Committees to the City Council From Joseph Lessard City Manager Contact joe.lessard(aD-ashland.or.us; 541-522-2103 SUMMARY The City council voted by informal ballot at the May 23, 2022, Special Called Business Meeting to restructure (reduce and rename) advisory bodies reporting to the City Commission from an approximate seventeen commissions to the following: • Commissions (continuing) — with specific areas of program discretion or policy implementation responsibility o Park and Recreation Commissions o Planning Commission • Standing Advisory Committees — with continuing areas of Council advisory responsibility o Climate and Environment Policy Advisory Committee (CEPAC; combining Climate Policy and Conservation & Climate Outreach Commissions) o Historic Preservation Advisory Committee (HPAC; to support historic dist. certifications) o Housing & Human Services Advisory Committee (HHSAC) o Public Arts Advisory Committee (PAAC) o Social Equity and Racial Justice Advisory Committee (SERJAC) • Management Advisory Committees o A number of ad hoc management advisory committees can be established by City management to providing support technical assistance in the review and development of recommendations for the City Council and continuing commissions, including: ■ Airport ■ System Development Charge (SDC) ■ Transportation ■ Forest Advisory (Wildfire Safety, Forest Land and Urban Tree/Forest) ■ Etc. The first step in restructuring the City Council advisory bodies is the establishment of the above identified Standing Advisory Committees and acknowledgment of potential ad hoc Management Advisory Committees. The next step will include the City Attorney returning to the City Council with updates and deletions of current Ashland Municipal Codes (AMC) related to the restructuring of City commissions. Members of Standing Advisory Committees will be appointed by the Mayor with the consent of the City Council. Resolution 2022-24 is proposed to establish/acknowledge the advisory committee structure. The resolution also directs the City Attorney to return to the City Council with any corresponding necessary AMC changes to finalize the advisory body restructuring. Page 1 of 2 C I T Y OF -ASHLAND ACTIONS, OPTIONS & POTENTIAL MOTIONS I move the City Council adopt Resolution 2022-24 establishing City Council Standing Advisory Committees and Management Advisory Committees. STAFF RECOMMENDATION City staff recommends adoption of Resolution 2022-24 establishing City Council and Management Advisory Committees FISCAL IMPACTS The restructuring of City commissions as outlined above is intended to reduce the need for staff support of formal commissions and adjust the number and character of advisory bodies. REFERENCES & ATTACHMENTS • Memo regarding Resolution on City Advisory Committees — Request for Comment (includes original draft of Resolution 2022-24) • Resolution 2022-24 (Word document with staff recommended edits tracked) • Comments Received on Proposed Resolution 2022-24 Page 2 of 2 CITY OF -AS H LAN D C IT Y OF -ASHLAND ;'L\ Memo l O: Mayor & City Council City Commissions City Recorder Acting City Attorney Department Directors FROM: Joseph Lessard, City Manager; joe.lessard@ashland.or.us DATE: July 22, 2022 RE: Resolution on City Advisory -Committees — Request for Comment During the City Council's deliberations at the special called Business Meetings of May 23rd & 24d' and June 14d', the City Council gave consensus direction to me to update and restructure its advisory commissions. The Council's consensus direction was to reduce the number of advisory commissions, and then redesignate the remaining bodies as Standing Advisory Committees to the City Council. The direction also included acknowledgement that the responsibilities now assigned to discontinued commissions should continue as needed in the form of Management Advisory Committees. Presentation of a resolution to accomplish the restructuring of City commissions is currently planned for the August 2nd City Council Business Meeting. A draft resolution is attached here for your review and comment. The City Council will be able to consider amendments to the resolution during their deliberations, but I would appreciate receiving any initial comments or feedback on the draft by end of day Thursday, July 28t', before distribution in the August 2nd Council Business Meeting agenda packet. The proposed Standing Advisory Committees in the attached resolution include the following: • Climate and Environment Policy Advisory Committee (CEPAC) • Historic Preservation Advisory Committee (HPAC) • Housing and Human Services Advisory Committee (HHSAC) • Public Arts Advisory Committee (PAAC) • Social Equity and Racial Justice Advisory Committee (SERJAC) The need for various Management Advisory Committees is also acknowledged in the resolution. These committees are important to maintaining community involvement and providing technical advice in the development of policy or implementation recommendations for City Council's consideration. Please note that the draft resolution was developed by reviewing existing Ashland Municipal Code (AMC) text and generally incorporating it into the corresponding new Standing Advisory Committees' responsibilities. Each of the Committees are set at a standard nine (9) voting members with some also having ex-officio members. A Committee may also have Mayor appointed and Council approved alternate members recommended as a means of transitioning to ADMINISTRATION �. 20 East Main Street Ashland, Oregon 97520w.,� wwashland.or.us CITY OF -ASHLAND ;,41 Memo the restructuring. It is also important to note that, in addition to Standing Advisory Committees, the Mayor and City Council have the option to appoint ad -hoc committees when needed under AMC 2.04.090. City staff will act in an expeditious fashion to form and convene Management Advisory Committees whose assistance is immediately needed. I have requested the City Recorder forward this memo to inform current members of City commissions of the potential restructuring and suggest that their interest in appointment to a corresponding new Standing Advisory Committee will be forwarded by her to the Mayor for appointment consideration per AMC 2.04.090. If a commission member's appointment has not expired, please continue in your current commission capacity until Council concludes its decision making on the restructuring issue. ADMINISTRATION 20 East Main Street Ashland, Oregon 97520 www.ashland.ocus RESOLUTION NO.2022-XX A RESOLUTION ESTABLISHING CITY COUNCIL AND MANAGEMENT ADVISORY COMMITTEES RECITALS: A. Whereas the citizens of Ashland have a strong history of voluntary service to their community, including on advisory bodies to the City of Ashland (City); and B. Whereas Ashland citizens have important practical and technical knowledge on issues and topics important to sustaining the quality of life in the city and on the operational effectiveness of the City of Ashland organization; and C. Whereas the City Council of the City has an interest in promoting continued community participation in advising the City Council and City management; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES AS FOLLOWS: SECTION 1. Procedure and Guidance for advisory committees to the City Council and City staff include the following: A. Each advisory committee shall serve solely as an advisory body whose recommendations shall not be final decisions and are therefore not subject to administrative or judicial appeal. Each advisory committee will provide service that does not conflict with the functioning of City departments or other government agency and shall have no executive or administrative powers or civil rights investigatory or enforcement authority. The City Council may require attendance at an orientation or training session for standing advisory committee members before they are permitted to exercise voting rights at committee meetings. The City Manager will be responsible for assigning City staff support for the work of the advisory committees. Except as otherwise expressly stated, standing advisory committees shall observe policies and meeting and conduct rules consistent with those set forth for commissions and boards in AMC 2.10, Uniform Policies and Operating Procedures for Advisory Commissions and Boards, including its meeting and attendance, and code of ethics provisions. B. Advisory committee members shall serve as individuals exercising their own best judgement and not as delegates for their respective organization or groups. Committees and their members are not official representatives of the City of Ashland and may not present their committees recommendations or their personal opinions or points of view as representative of the City's policy or operational perspectives. Prior to speaking publicly on behalf of their respective advisory committee, members must secure the permission of their committee to represent the activities or recommendations of their committee. C. A quorum of each standing advisory committee shall consist of more than one-half (%z) of the total number of its current Council -confirmed voting members, but in no case fewer than five (3) members. Appointed voting and alternative members of a standing advisory committee may not name a substitute or alternate member to attend a meeting of their advisory committee on their behalf. Nonvoting ex officio members, staff and liaisons do not count toward the quorum. Appointed voting and alternate members of a standing advisory committee need not be physically present at a meeting if another means of attendance (e.g., telephonic, internet, etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt any motion; some motions may require the affirmative vote of at least two-thirds of the members present. A voting or alternative member of a standing advisory committee should provide at least a 48-hour notice to both their committee's chairperson and the City Manager appointed staff support member regarding any planned absence from a scheduled meeting of the advisory committee. In the event an unexpected or emergency absence, the member should notify their advisory committee's chairperson, or the appointed staff support individual within a reasonable time in advance of the meeting. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. D. Standing advisory committees may request voluntary testimony but may not compel an individual or organization to appear before or respond to questions. E. Advisory bodies may consult with other city advisory committees on matters of mutual interest in the course of developing recommendations to bring to the City Council or City Management. It will be the responsibility of advisory committee chairpersons to work or meet informally as needed to coordinate the activities or coordination of matters between their committee and other advisory committees. F. Standing advisory committee members (voting, alternative and ex officio) will be appointed by the Mayor with the consent of the City Council. Members of city commissions with corresponding responsibilities as the standing advisory committees will be invited by the City Recorder to apply for appointment by the Mayor. The Mayor and City Council may also appoint Council liaisons to each of the standing advisory committees which shall be non -voting ex-offlcio members of the corresponding committees. G. Standing advisory committees will be reviewed by the City Council approximately every three years as to their assigned responsibilities, level of effectiveness and the need for their continued role and existence. H. The City Attorney is directed to return to the City Council in a timely manner with any updates, changes, or deletions to the Ashland Municipal Code to establish the here identified standing advisory committees as replacements for their corresponding city commissions or boards and to establish them as "Regular" advisory bodies per AMC 2.04. SECTION 2. Standing Advisory Committees to the City Council are established and responsible for the purposes indicated in the following: A. Climate and Environment Policy Advisory Committee (CEPACI A Climate and Environment Policy Advisory Committee (CEPAC) is established by the City Council. The CEPAC should reflect and represent a wide range of community interests and perspectives. Such interests should include, but not be limited to, environment and health, energy efficiency and renewable energy, low income and economic development, and social diversity, including individuals of color and the elderly. The CEPAC will consist of nine (9) voting members and up to six (6) optional ex-officio members. The CEPAC will strive to include at least two (2) voting members who are 35 years old or younger at the time of appointment. Ex-officio members may include one (1) representative of the solid waste franchisee for the City; and one (1) representative each from Southern Oregon University (SOU) administration/faculty and from the current student body; one (1) representative each from the Ashland School District administration/facility and from the current student body (student members must be over 18-years of age), and one (1) representative appointed by the City Manager to provide support to the committee. In addition to the voting members, the CEPAC may have up to two (2) individuals designated as alternate members. Alternative committee members may be seated to fill the role and responsibility of a voting member at a meeting of the CEPAC that does not have a quorum of voting members in attendance at roll call of the meeting. The rotating seating order between the two (2) alternative committee members in attendance at a CEPAC meeting, shall be established by Mayoral designated order at the time of their appointment. Faculty or student ex-officio members of CEPAC may be appointed to be alternative members. The CEPAC shall be responsible for assisting the City in the following: i. Making recommendations on strategies, actions, and programs related to the wise and efficient use of community resources and environment related issues or programs, including: • Materials management, waste prevention, reduction, and recycling • Electricity, water, and natural resource usage • Renewable resource options • Air and water quality action planning • Climate resilience and preparedness initiatives, including Ashland's Climate and Energy Action Plan (CEAP) ii. Work to ensure the following: • That benchmarks, targets, or actions develop for or by the City of Ashland .incorporate the best available science and practices to achieve the intended climate or environmental related goals and targets. • That the City of Ashland's climate and environmental planning incorporates long-term social, economic, and environmental goals. • That the City of Ashland's climate and environmental planning and programs are socially equitable for all community members including low-income, young people, persons of color, the elderly, and those living with disabilities. B. Historic Preservation Advisory Committee (HPAC) An Historic Preservation Advisory Committee (HPAC) is established by the City Council. The HPAC will consist of nine (9) voting members, and two nonvoting ex officio members including the Chairperson of the Planning Commission, and one (1) representative appointed by the City Manager from the City's Community Development Department. To qualify the HPAC's as the City of Ashland's Certified Local Government (CLG) Commission, some of the members of the HPAC will meet the professional qualifications under Oregon State Historic Preservation Office requirements. The HPAC shall be responsible for assisting the City in the following: To recommend to the Planning Commission and the City Council, areas or properties of significant historical value and interest for consideration to be designated historical properties. ii. To recommend ordinances and other measures designed to protect and foster interest in the improvement of designated historical properties. iii. To review literature and sources of funding concerning the protection and improvement of designated historic properties. iv. To advise City staff and the Planning Commission concerning the improvement of designated historic properties in connection with Type II and Type III Planning Action involving new construction or alterations to existing historic resources. V. To advise applicants and staff upon request on sigh permits, building permits and other projects involving new construction or alterations within Ashland's designated Historic Districts. vi. To advise the Planning Commission, the Ashland Park Commission, other city advisory commissions, boards and committees, and city departments regarding historic components of government projects under consideration within Ashland's designated Historic Districts. vii. To advise City staff and the Planning Commission on project applications for funding. viii. To assist in promoting public support for the preservation of Ashland's historic past. ix. Advise City staff and the Planning Commission on aesthetic standards for historic areas. C. Housing and Human Services Advisory Committee (HHSAC) A Housing and Human Services Advisory Committee (HHSAC) is established by the City Council. The mission of the HHSAC is to assess and make recommendations to the City for addressing the continuum of housing and human services needs for the purpose of enhancing community health and well-being. The HHSAC will consist of nine (9) voting members, one (1) nonvoting ex-officio student liaison from Southern Oregon University (SOU), and one (1) nonvoting ex- officio member appointed by the City Manager to provide housing program support. The HHSAC shall be responsible for assisting the City in the following: Monitoring and assessing the continuum of housing and human services needs of the community and utilize this information to advise the City Council regarding policy and funding strategies relating to housing and human services. ii. Advising the City Council on programs that assist in addressing the unmet utility, medical, transportation, and food needs of seniors, children and families in Ashland, and other related human services programs. iii. Making recommendations to the City Council on Community Development Block Grant (CDBG) related allocations. iv. Making recommendations to the City Council on the Housing Trust Fund and related allocations. V. Monitoring projects funded with the Community Development Block Grant (CDBG), City of Ashland Social Service Grants, and the Housing Trust Fund. vi. Assisting in identifying federal, state, county, and private funding for implementation of Housing and human services programs. vii. Fostering public knowledge and support of official city housing and human services Programs. viii. To enhance cooperation between the public and private sectors by promoting integrated approaches that provide decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate -income persons. ix. To evaluate, review, and recommend to the Planning Commission and City Council innovative land use strategies targeted at promoting a broad variety of housing types. X. To monitor housing discrimination complaints and corrective actions within the City, and to advise the City Council on potential measures to be taken to further equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, source of income, or familial status. D. Public Arts Advisory Committee (PAAC) A Public Arts Advisory Committee (PAAC) is established by the City Council. The mission of the PAAC is to enhance the cultural and aesthetic quality of life in Ashland by actively supporting the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the City as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters. The PAAC will advise the City of Ashland on how to best assist those organizations, and other organizations and individuals, to make arts a more important part of the City's life. Recommendations from the PAAC regarding the acquisition and placement of public art should be based upon accepted standards and guidelines as opposed to personal opinion. This resolution establishes the PAAC to advise the City Council and City Management on standards and guidelines for selecting, commissioning, placing, maintaining, and removing public art. The PAAC will consist of nine (9) voting members of which six (6) voting members will be from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture. The three (3) remaining voting members of the PAAC members will be citizens at -large. At least six (6) voting members of the PACC shall reside inside the City limits. The City Manager 6 will also appoint one (1) non -voting ex-officio member to the PAAC to provide support to the committee. The PAAC shall adhere to and fill the role of the Public Art Commission as it may be designated in AMC 2.29 — Public Art. The PAAC shall also be responsible for assisting the City in the following: Providing advice to ensure the arts continue to be of value as an integral part of Ashland. ii. Assisting to promote the arts in Ashland to enrich the lives of its citizens through education and demonstration. iii. Assisting the City council, the Ashland Parks Commission, Historic Preservation Advisory Committee, and the Planning Commission in using public art to enhance existing development in public parks and other public lands and in public structures. iv. Advising the Planning Commission, the Ashland Parks Commission, other city advisory commission and committees, and city departments regarding artistic components of all municipal government projects under consideration by the City. The PAAC may also serve as a resource for artistic components of land use developments. V. Advising the City Council on policies and programs that would enhance and encourage the planning, placement, and maintenance of public displays of art in locations open to the public within the community. vi. Encouraging connections with other local, regional, and national organizations working for the benefit of art and preservation of artistic values, and other similar activities. vii. Recognizing and encourage groups and organizations that enrich Ashland life by bringing cultural and artistic values and artifacts to the City. viii. Assist in the pursuit of gifts and grants for support of arts programs and activities and the procurement of public art. E. Social Equity and Racial Justice Advisory Committee (SERJAC) A Social Equity and Racial Justice Advisory Committee (SERJAC) is established by the City Council. The SERJAC will consist of nine (9) voting members and one (1) nonvoting ex-officio member designated by the City Manager to provide support. Voting members will include six (6) core members from a broad spectrum of community interests and perspectives, specifically including individuals with backgrounds in race and social equity work and a representative cross section of historically marginalized or underrepresented groups, such as Black, Indigenous, people of color, LGBTQ+, and disabled persons. The three (3) remaining voting members of the SERJAC will be citizens at -large, specifically including as available, individuals with backgrounds in Ashland businesses, non-profit entities, or public sector organizations. Voting SERJAC members shall serve as individuals exercising their own best judgments and not as delegates or spokespersons for their respective organizations or groups. All core members shall reside within the corporate limits of the City of Ashland. The City Manager will also appoint one (1) non -voting ex-officio member to the SERJAC to provide support to the committee. The SERJAC shall be responsible for assisting the City in the following: i. To encourage understanding and celebration of the diversity of the City's population and visitors and promote amicable intergroup relations within the City. ii. To recommend policies, measures, and practices to bring about social and racial equity and a greater inclusion for all who live, work, or visit in the City, including counter measures to systematic racism, homophobia, sexism, classism, and other racial and social inequities impacting Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community. iii. To recommend efforts to increase economic opportunities for Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community. iv. To advise on diversity, equity, and inclusion (DEI) and human rights training for the City of Ashland's staff, and the City's programs, commissions/boards, advisory committees, and the City Council. V. To seek, at least every two (2) years, a broad spectrum of input from community members on emerging issues and needs of the Ashland community as they relate to DEI; human rights, and intergroup relations. vi. To deliver to the Council annual report on its activities and accomplishments in the preceding year and to provide to the Council for its approval the SERJAC's priorities and workplan for the succeeding year. SECTION 3. Management Advisory Committees (MAC) may be established to serve at the request of the City Manager or Department Heads to provide technical advice, and community support and input that can assist in preparing recommendations to enhance City operations or program implementation or for City Council consideration. MACs are generally intended to be project or program specific but can meet as often and as long as necessary to meet their requested role or functions. Some MACS may meet only occasional when requested while others may meet regularly or semi -regularly over extended periods of time per the requested role 8 assignment or needed term for their assistance. Membership on MACs will be established based on the type of advice sought and availability of potential qualified participants, urgency of issue or program being addressed, timeframe for the committee's requested role/participation, availability of City staff support resources, and/or other circumstances or considerations affecting the ability for effective MAC role participation. The rules of procedure, if necessary, for each MAC will also be established by the City Manager or appointing Department Director at the time of corresponding MAC's establishment. The City Council may refer issues or tasks to consideration by a MAC by vote of the City Council request to the City Manager. These Committees may include project or program topics related, but not limited to the following: • Airport Operations • Transportation • Wildfire Safety • Urban Trees/Forest • Wildland Forest • City Band SECTION 2. This resolution is effective upon adoption. ADOPTED by the City Council this day of , 2022. SIGNED and APPROVED this Reviewed as to form: ATTEST: Melissa Huhtala, City Recorder day of , 2022. Julie Akins, Mayor 0 RESOLUTION NO. 2022 24 Formatted: Not Highlight A RESOLUTION ESTABLISHING CITY COUNCIL AND MANAGEMENT ADVISORY COMMITTEES RECITALS: A. Whereas the citizens of Ashland have a strong history of voluntary service to their community, including on advisory bodies to the City of Ashland (City); and B. Whereas Ashland citizens have important practical and technical knowledge on issues and topics important to sustaining the quality of life in the city and on the operational effectiveness of the City of Ashland organization; and C. Whereas the City Council of the City has an interest in promoting continued community participation in advising the City Council and City management; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON, RESOLVES AS FOLLOWS: SECTION 1. Procedure and Guidance for advisory committees to the City Council and City staff include the following: A. Each advisory committee shall serve solely as an advisory body whose actions or recommendations shall not be final deeisiensconsidered as City Mlicv or the establishing of City policy or as final decisions of the City -and are therefore not subject to administrative or judicial appeal. Each advisory committee will provide service that does not conflict with the functioning of City departments or other government agency and shall have no executive or administrative powers or civil rights investigatory or enforcement authority. The City Council may require attendance at an orientation or training session for standing advisory committee members before they are permitted to exercise voting rights at committee meetings. The City Manager will be responsible for assigning City staff support for the work of the advisory committees. Except as otherwise expressly stated, standing advisory committees shall observe policies and meeting and conduct rules consistent with those set forth for commissions and boards in AMC 2.10, Uniform Policies and Operating Procedures for Advisory Commissions and Boards, including its meeting and attendance, and code of ethics provisions. B. Advisory committee members shall serve as individuals exercising their own best judgement and not as delegates for their respective organization or groups. Committees and their members are not official representatives of the City of Ashland and may not present their committees recommendations or their personal opinions or points of view as representative of the City's policy or operational perspectives. Prior to speaking publicly on behalf of their respective advisory committee, members must secure the permission of their committee to represent the activities or recommendations of their committee. C. A quorum of each standing advisory committee shall consist of more than one-half (%) of the total number of its current Council -confirmed voting members, but in no case fewer than five —three (3) members. Appointed voting and alternative members of a standing advisory committee may not name a substitute or alternate member to attend a meeting of their advisory committee on their behalf. Nonvoting ex officio members, staff and liaisons do not count toward the quorum. Appointed voting and alternate members of a standing advisory committee need not be physically present at a meeting if another means of attendance (e.g., telephonic, intemet, etc.) has been established by the membership and public meetings law requirements are met. At least a majority of the quorum is necessary to adopt any motion; some motions may require the affirmative vote of at least two-thirds of the members present. A voting or alternative member of a standing advisory committee should provide at least a 48-hour notice to both their committee's chairperson and the City Manager appointed staff support member regarding any planned absence from a scheduled meeting of the advisory committee. In the event an unexpected or emergency absence, the member should notify their advisory committee's chairperson, or the appointed staff support individual within a reasonable time in advance of the meeting. If the members in attendance do not constitute a quorum, staff or invitees may make informational presentations provided (1) Notes describing the presentations and discussions are made and posted on the City website; (2) no motion, debate or vote or any other official business other than adjournment takes place; and (3) all topics advertised are automatically added to the agenda for the next regularly scheduled meeting. D. Standing advisory committees may request voluntary testimony but may not compel an individual or organization to appear before or respond to questions. E. Advisory bodies may consult with other city advisory committees on matters of mutual interest in the course of developing recommendations to bring to the City Council or City Management. It will be the responsibility of advisory committee chairpersons to work or meet informally as needed to coordinate the activities or coordination of matters between their committee and other advisory committees. F. Standing advisory committee members (voting, alternative and ex officio) will be appointed by the Mayor with the consent of the City Council. Standing advisory committee appointments shall have three (3) year terms. Members of city commissions with corresponding responsibilities as the standing advisory committees will be invited by the City Recorder to confirm their interest in app!5fef appointment by the Mayor without the necessity of submitting a formal new appointment application. New applicants must submit formal application with the City Recorder for Committee appointment. All regular terms commence with appointment and shall expire on April 30 of the third year. The Mayor and City Council may also appoint Council liaisons to each of the standing advisory committees which shall be non -voting ex-officio members of the corresponding committees. G. Standing advisory committees will be reviewed by the City Council approximately every three years as to their assigned responsibilities, level of effectiveness and the need for their continued role and existence. H. The City Attorney is directed to return to the City Council in a timely manner with any updates, changes, or deletions to the Ashland Municipal Code to establish the here identified standing advisory committees as replacements for their corresponding city commissions or boards and to establish them as "Regular" advisory bodies per AMC 2.04. SECTION 2. Standine Advisory Committees to the City Council are established and responsible for the purposes indicated in the following: A. Climate and Environment Policy Advisory Committee (CEPACI A Climate and Environment Policy Advisory Committee (CEPAC) is established by the City Council. The CEPAC should reflect and represent a wide range of community interests and perspectives. Such interests should include, but not be limited to, climate and environment,-andpublic health, energy efficiency and renewable energy, low income and economic development, and social diversity, including individuals of color and the elderly. The CEPAC will consist of nine (9) voting members and up to six (6) optional ex-officio members. The CEPAC will strive to include at least two (2) voting members who are 35 years old or younger at the time of appointment. Ex-officio members may include one (1) representative of the solid waste franchisee for the City; and one (1) representative each from Southern Oregon University (SOU) administration/faculty and from the current student body; one (1) representative each from the Ashland School District administration/facility and from the current student body (student members must be over 18-years of age), and one (1) representative appointed by the City Manager to provide support to the committee. In addition to the voting members, the CEPAC may have up to two (2) individuals designated as alternate members. Alternative committee members may be seated to fill the role and responsibility of a voting member at a meeting of the CEPAC that does not have a quorum of voting members in attendance at roll call of the meeting. The rotating seating order between the two (2) alternative committee members in attendance at a CEPAC meeting, shall be established by Mayoral designated order at the time of their 3 appointment. Faculty or student ex-officio members of CEPAC may be appointed to be alternative members. The CEPAC shall be responsible for assisting the City in the following: i. Making recommendations on strategies, actions, and programs related to the wise and efficient use of community resources and environment related issues or programs, including: • Materials management, waste prevention, reduction, and recycling • Electricity, water, and natural resource usage • Renewable resource options • Air and water quality action planning • Climate miti ate ion. resilience and preparedness initiatives, including Ashland's Climate and Energy Action Plan (CEAP) ii. Work to ensure the following: • That benchmarks, targets, or actions develop for or by the City of Ashland incorporate the best available science and practices to achieve the intended climate or environmental related goals and targets. • That the City of Ashland's climate and environmental planning incorporates long-term social, economic, and environmental goals. • That the City of Ashland's climate and environmental planning and programs are socially equitable for all community members including low-income, young people, persons of color, the elderly, and those living with disabilities. B. Historic Preservation Advisory Committee (HPAC) An Historic Preservation Advisory Committee (HPAC) is established by the City Council. The HPAC will consist of nine (9) voting members, and two nonvoting ex officio members including the Chairperson of the Planning Commission, and one (1) representative appointed by the City Manager from the City's Community Development Department. To qualify the HPAC's as the City of Ashland's Certified Local Government (CLG) Commission, some of the members of the HPAC will meet the professional qualifications under Oregon State Historic Preservation Office requirements. The HPAC shall be responsible for assisting the City in the following: i. To recommend to the Planning Commission and the City Council, areas or properties of significant historical value and interest for consideration to be designated historical properties. I To recommend ordinances and other measures designed to protect and foster interest in the improvement of designated historical properties. iii. To review literature and sources of funding concerning the protection and improvement of designated historic properties. iv. To advise City staff and the Planning Commission concerning the improvement of designated historic properties in connection with Type II and Type III Planning Action involving new construction or alterations to existing historic resources. V. To advise applicants and staff upon request on sigh permits, building permits and other projects involving new construction or alterations within Ashland's designated Historic Districts. vi. To advise the Planning Commission, the Ashland Park Commission, other city advisory commissions, boards and committees, and city departments regarding historic components of government projects under consideration within Ashland's designated Historic Districts. vii. To advise City staff and the Planning Commission on project applications for funding. viii. To assist in promoting public support for the preservation of Ashland's historic past. ix. Advise City staff and the Planning Commission on aesthetic standards for historic areas. C. Housing and Human Services Advisory Committee (HHSAC) A Housing and Human Services Advisory Committee (HHSAC) is established by the City Council. The mission of the HHSAC is to assess and make recommendations to the City for addressing the continuum of housing and human services needs for the purpose of enhancing community health and well-being. Members will be from a broad spectrum of citizens including individuals with a background in social services, unhoused and marginal income population services, economic and housingdevelopment, evelopment, universal housing design, and elderly and disabled persons needs. The HHSAC will consist of nine (9) voting members, one (1) nonvoting ex-officio student liaison from Southern Oregon University (SOU), and one (1) nonvoting ex- ofTicio member appointed by the City Manager to provide housing program support. The HHSAC shall be responsible for assisting the City in the following: Monitoring and assessing the continuum of housing and human services needs of the community and utilize this information to advise the City Council regarding policy and funding strategies relating to housing and human services. Advising the City Council on programs that assist in addressing the unmet utility, medical, transportation, and food needs of seniors, children and families in Ashland, and other related human services programs. iii. Making recommendations to the City Council on Community Development Block Grant (CDBG), City of Ashland Social Service Grant, Housing Trust Fund and related allocations. r *7iv. Monitoring projects funded with the Community Development Block Grant (CDBG), City of Ashland Social Service Grants, and the Housing Trust Fund. ai-.v. Assisting in identifying federal, state, county, and private funding for implementation of Housing and human services programs. Zvi. Fostering public knowledge and support of official city housing and human services Programs. *iii-vii. To enhance cooperation between the public and private sectors by promoting integrated approaches that provide decent housing, a suitable living environment, and expanded economic opportunities for low- and moderate -income persons. i*.viii. To evaluate, review, and recommend to the Planning Commission and City Council innovative land use strategies targeted at promoting a broad variety of housing types. mix. To monitor housing discrimination complaints and corrective actions within the City, and to advise the City Council on potential measures to be taken to further equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, sex, sexual orientation, gender identity, national origin, source of income, or familial status. D. Public Arts Advisory Committee (PAAC1 A Public Arts Advisory Committee (PAAC) is established by the City Council. The mission of the PAAC is to enhance the cultural and aesthetic quality of life in Ashland by actively supporting the placement of public art in public spaces and serving to preserve and develop public access to the arts. The continued vitality of the arts in the City of Ashland is a vital part of the future of the City as well as of its citizens. The arts are an important part of the cultural and economic life of the entire community of Ashland and enrich the participants in the arts as well as those who observe them. Several organizations which exist in Ashland are active in the arts and provide leadership to the community on arts related matters. The PAAC will advise the City of Ashland on how to best assist those organizations, and other organizations and individuals, to make arts a more important part of the City's life. Recommendations from the PAAC regarding the acquisition and placement of public art should be based upon accepted standards and guidelines as opposed to personal opinion. This resolution establishes the PAAC to advise the City Council and City Management on standards and guidelines for selecting; commissioning, placing, maintaining, and removing public art. The PAAC will consist of nine (9) voting members of which six (6) voting members will be from a broad spectrum of citizens including artists and those with a background in the arts, arts organizations, education, structural and landscape architecture. The three (3) remaining voting members of the PAAC members will be citizens at -large. At least six (6) voting members of the PACC shall reside inside the City limits. The City Manager w&Mav also appoint eee-two (42) non -voting ex-officio members to the PAAC one 1 of which will be from the City's Public Works Department, to provide support to the committee. The PAAC shall adhere to and fill the role of the Public Art Commission as it may be designated in AMC 2.29 — Public Art. The PAAC shall also be responsible for assisting the City in the following: i. Providing advice to ensure the arts continue to be of value as an integral part of Ashland. ii. Assisting to promote the arts in Ashland to enrich the lives of its citizens through education and demonstration. iii. Assisting the City council, the Ashland Parks Commission, Historic Preservation Advisory Committee, and the Planning Commission in using public art to enhance existing development in public parks and other public lands and in public structures. iv. Advising the Planning Commission, the Ashland Parks Commission, other city advisory commission and committees, and city departments regarding artistic components of all municipal government projects under consideration by the City. The PAAC may also serve as a resource for artistic components of land use developments. V. Advising the City Council on policies and programs that would enhance and encourage the planning, placement, and maintenance of public displays of art in locations open to the public within the community. vi. Encouraging connections with other local, regional, and national organizations working for the benefit of art and preservation of artistic values, and other similar activities. vii. Recognizing and encourage groups and organizations that enrich Ashland life by bringing cultural and artistic values and artifacts to the City. viii. Assist in the pursuit of gifts and grants for support of arts programs and activities and the procurement of public art. E. Social Equity and Racial Justice Advisory Committee (SERJAC) A Social Equity and Racial Justice Advisory Committee (SERJAC) is established by the City Council. The SERJAC will consist of nine (9) voting members and one (1) nonvoting ex-officio member designated by the City Manager to provide support. Voting members will include six (6) core members from a broad spectrum of community interests and perspectives, specifically including individuals with backgrounds in race and social equity work and a representative cross section of historically marginalized or underrepresented groups, such as Black, Indigenous, people of color, LGBTQ+, the elderly -and disabled persons. The three (3) remaining voting members of the SERJAC will be citizens at -large, specifically including as available, individuals with backgrounds in Ashland businesses, non-profit entities, or public sector organizations. Voting SERJAC members shall serve as individuals exercising their own best judgments and not as delegates or spokespersons for their respective organizations or groups. All core members shall reside within the corporate limits of the City of Ashland. The City Manager will also appoint one (1) non -voting ex-officio member to the SERJAC to provide support to the committee. The SERJAC shall be responsible for assisting the City in the following: i. To encourage understanding and celebration of the diversity of the City's population and visitors and promote amicable intergroup relations within the City. ii. To recommend policies, measures, and practices to bring about social and racial equity and a greater inclusion for all who live, work, or visit in the City, including counter measures to systematic racism, homophobia, sexism, classism, and other racial and social inequities impacting Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community. iii. To recommend efforts to increase economic opportunities for Black, Indigenous, people of color, LGBTQ+, and disabled persons, as well as other marginalized persons in the Ashland community. iv. To advise on diversity, equity, and inclusion (DEI) and human rights training for the City of Ashland's staff, and the City's programs, commissions/boards, advisory committees, and the City Council. V. To seek, at least every two (2) years, a broad spectrum of input from community members on emerging issues and needs of the Ashland community as they relate to DEI, human rights, and intergroup relations. vi. To deliver to the Council annual report on its activities and accomplishments in the preceding year and to provide to the Council for its approval the SERJAC's priorities and workplan for the succeeding year. SECTION 3. Management Advisory Committees (MAC) may be established to serve at the request of the City Manager or Department Heads to provide technical advice, and community support and input that can assist in preparing recommendations to enhance City operations or program implementation or for City Council consideration. MACS are generally intended to be project or program specific but can meet as often and as long as necessary to meet their requested role or functions. Some MACs may meet only occasional when requested while others may meet regularly or semi -regularly over extended periods of time per the requested role assignment or needed term for their assistance. Membership on MACS will be established based on the type of advice sought and availability of potential qualified participants, urgency of issue or program being addressed, timeframe for the committee's requested role/participation, availability of City staff support resources, and/or other circumstances or considerations affecting the ability for effective MAC role participation. The rules of procedure, if necessary, for each MAC will also be established by the City Manager or appointing Department Director at the time of corresponding MAC's establishment. The City Council may refer issues or tasks to consideration by a MAC by vote of the City Council request to the City Manager. These Committees may include project or program topics related, but not limited to the following: • Airport Operations • Transportation • Wildfire Safety • Urban Trees/Forest • Wildland Forest • City Band SECTION 2. This resolution is effective upon adoption. ADOPTED by the City Council this day of , 2022. ATTEST: Melissa Huhtala, City Recorder SIGNED and APPROVED this day of , 2022. Julie Akins, Mayor Reviewed as to form: Doug McGeary, Interim City Attorney 10 Comments Received on the Proposed Resolution 2022-24 Resolution to Establish Standing Advisory Committees to the City Council July 29, 2022 The following are copied from emails or letters received by City staff in response to the proposed resolution to establish Standing Advisory Committees to the City Council and to Management Advisory Committees to City staff. Please note the responses are provided here in no particular order or priority. Hi Joe, I'm glad to see the overall direction for updating and restructuring the advisory commissions. The number of them has created an unreasonable staff burden and made it impossible for council to engage in depth with all of them. 1. Is the change from the use of the word Commission to Advisory Committee intended to fundamentally change the powers and duties of these groups? Perhaps this is only to clarify that these groups have no policy powers of their own, that they are strictly advisory to council? 2. In an attempt to understand the overall map from existing bodies to the proposed new ones I created the attached spread sheet. Some bodies, e.g. the planning commission, I believe are state mandated. However, there are others, e.g. municipal audit commission, which don't seem to be. Which of these, presuming the goal is to reduce staff and council burden, could be eliminated? Is the map otherwise correct? 3. Presuming those bodies which were not explicitly mentioned in the draft resolution will remain as they are it seems that the principal changes are to move a number of commissions to assisting city staff on an as -needed basis as management advisory committees and to combine the Water Advisory (the ongoing existence of which has not been clear for some time), CPC, and CCOC bodies. 4. Although I'm not tremendously familiar with the work of the bodies which are proposed to be management advisory committees it does seem those are bodies which have not needed ongoing council policy guidance and so do not justify the use of council time. 5. Unlike the proposed management advisory committees the proposed climate and environment policy advisory committee needs to work closely with staff and council to be effective. At minimum, analytic, management, and administrative staff support needs to be provided. A significant amount of council time, e.g. quarterly study sessions, needs to be dedicated. CEPAC members and/or associated staff need to serve as subject matter experts during regular council meetings when climate related issues are raised. Given that our energy system and environmental impacts affect much of what we do as individuals and as a city this may be at the majority of council meetings. It does no good to have an advisory body bring policy recommendations to council which are then rejected. There needs to be relatively continuous feedback between council and CEPAC to wrestle with these difficult topics. 6. While the overall direction seems good this reorganization has already and once again delayed Ashland city government's response to climate change. It has been 5 years since the CEAP was adopted. Action was delayed due to organizational questions, then by the usual startup issues associated with any new body coming into existence as CPC got started, then by the pandemic, then by loss of staff, then by council's need to focus on budget, and now by this reorganization. It would be truly unfortunate if the momentum that CPC has built is about to be dissipated by, effectively, firing all the citizens who have worked tremendously hard. Using the blunt instrument of dissolving the existing bodies with no apparent thought to maintaining continuity does not seem like a good way to maintain citizen involvement. Instead, it breeds cynicism. I've listed my affiliations so that my perspective is clear. My comments are entirely my own and do not necessarily reflect the positions of any of the listed organizations. Rick Barth past chair, Climate Policy Commission board member, Ashland Climate Collaborative facilitator, Electrify Ashland Now member, OHRA Campaign Steering Committee City of Ashland Advisory Committees Proposed Existing Airport Commesion APRC Ashland Waiter Advisory Ad -Hoc Comm rttee Band Baand Budding Appeals Board Cit¢en's Budget Committee Name Affport — Climate and 6avironmetrt Poky Advisory Committee City Band Comate Policy Commission Cknate and Environment Policy Advisory Committee Community Center and Pioneer Had Ad -Hoc Committee Conservation and Climate Outreach Commission Climate and Environment Policy Advisory Committee Forest Lands Commission Wildland Forest Management Advisory Committee Historic Commission Historic Preservation Advisory Committee Housing and Hunan Services Comm is :aan Housing and Hunan Services Advisory Committee Municipal Audit Commission -_ Planning Commission Planning Hearings Board Standing 1 Management Management Standing Management Standing Standing Management Standing SL-tiirp Public Arts Commission Social Equity and Racial Justice commission SW Review Committee Transportation Commission Tree Commission Wildfire Satiety Commission Public Arts Advi,-ory Commrtee Social Equity and Racial Justice Ad,.ioory Committee Transportation Urban TreeslFores, - - Wildfire Safety Stand ng Stand ng Management Management - Management To; Joseph Lessard, City Manager From: Emily Simon and Precious Yamaguchi, co-chairs of the Social Equity and Racial Justice Commission Date: July 28, 2022 As you requested in your memo dated July 22,2022 but not received until July 26,2022, here are our comments and feedback to the resolution Establishing City Advisory Committees. As you referenced in your memo, please forward this document to the city council so that it can be included in their packets We are deeply disturbed by the changes regarding the make up of the new SERJAC and that all current members of SERJ would need to apply for reappointment. Page 2 of your cover memo states: "I have requested the City Recorder forward this memo to inform current members of City commissions of the potential restructuring and suggest that their interest in appointment to a corresponding new Standing Advisory Committee will be forwarded by her to the Mayor for appointment" Section 1F(at page 2) of the resolution mirrors this language. "Standing advisory committee members(voting,alternative, and ex ofcio) will be appointed by the Mayor with the consent of the City Council. Members of City commissions with corresponding responsibilities as the Standing Advisory Committees will be invited by the City Recorder for appointment by the mayor. " We suggest that city staff notify commissioners individually to assess their desire to continue on the committee, and that if the person indicates that they wish to do so, that this be communicated to the mayor via email and that no further paperwork is required. After establishing that like all city advisory committees including SRJAC will have nine voting members; Section E of the resolution at pages 7-8 provides that Voting members will include six (6) core members from a broad spectrum of community interests and perspectives, specifically including individuals with backgrounds in race and social equity work and a representative . cross section of historically marginalized or unrepresented groups, such as Black, Indigenous, people of color, LGBTQ+, and disabled people. The three (3) remaining voting members of the SERJAC will be citizens at large, specifically including as available, individuals with backgrounds in Ashland businesses, non-profit entities or public sector organizations. We are left in a quandary for how we function now. Obtaining a quorum is often tenuous at best, and recognizing that our numbers were thin, and without knowing about these new requirements, we recruited two new individuals to be on the committee. We do not know if current members of the commission will want to reapply particularly in light of the fact that six of us may be qualified to be on the committee because of our status, and three of us would be "citizens at large". Your division of potential members into these two categories will, we believe, severely limit both the pool of new applicants, and the desire of many of us to reapply, as it appears that a person's status will be the basis for an appointment to the committee. Your delineation of the six and three smacks of quotas and is completely counter to all DEI work which is focused on broad inclusion, with people self identifying as they feel comfortable, not being identified, defined or selected solely because of their status. Many of us on the committee, in fact many people in Ashland, have identities in the first category (for the 6 people) and also are "citizens at large" in the second category (for the 3 people). You are completely ignoring the intersectionality of identification that makes this city tick. Worse yet, as co-chair of this commission, I believe that these designations will cause divisions on the committee if the City of Ashland is fortunate enough to get enough people to populate this committee. I suggest that these changes be deleted and that the original language in Section 2.20(E) be reinserted which provides: "Commission membership shall reflect a broad spectrum of community interests and perspectives, specifically including individuals with backgrounds in race and social equity work and a representative cross section of historically marginalized or unrepresented groups, such as Black, Indigenous, people of color, LGBTQ+, and disabled people. It seems to us that the inclusion of "reflecting a broad spectrum of community interests and perspectives" can incorporate any individuals that you are seeking to involve. Alternatively, unlike for other commissions in the resolution, and despite the language on page 1 of your memo that "A Committee may also have Mayor appointed and Council approved alternate members recommended as a means of transitioning to the restructuring. ", there is no provision for alternate members for SERJAC. There is a provision for the City Manager to appoint one(1) non -voting ex ofcio member to the SERJAC to provide support to the committee, We believe that to be the staff person. Perhaps you would like to consider appointment of ex- officio or alternate members when the time comes for the roll out of any planned DEI initiatives, rather than using the language that you have proposed to constitute the commission. We often do not have a quorum for our meetings. We have two individuals who put their names in to be on the commission. Unless they are appointed before our next meeting on September First and enough of our members reapply, we will be unable to have a meeting. Hi Joe. Thank you for sharing this with commissioners before presenting it to the City Council. As current chair of the climate policy commission, I have encouraged commissioners to contact you directly as you suggested since there is not enough time for the commission to meet and present you with collective input from the commission as a whole. My input regarding the proposed Climate and Environment Policy Advisory Committee is as follows: 1. The "interests" listed in the first paragraph should include climate. The Council established the Climate Policy Commission (CPC) three years ago to oversee implementation of the Climate and Energy Action Plan (CEAP). That work is not done; indeed, by some measures Ashland is farther from reaching its climate goals today than when the CEAP was approved by the Council in 2017. Around the time the Council established the CPC, it expanded the name of the Conservation Commission to include "climate outreach." Climate continues to be a pressing interest of Ashland (both resilience to climate changes we already experience and reducing our City and community's emissions of greenhouse gases), and it affects both livability and economics. 2. Overseeing implementation of the Climate and Energy Action Plan. As we discussed when we met a couple of weeks ago, the CEAP is embedded in AMC 9.40 Climate Recovery, which also specifically mentions a Climate and Energy Action Plan commission with responsibility to provide advisory input on CEAP implementation and updates. CPC oversight responsibility for the CEAP is further detailed in AMC 2.27 Climate Policy Commission. The many enumerated responsibilities of the proposed Climate and Environment Policy Advisory Committee (CEPAC) do not include oversight of CEAP implementation. Attention to "climate resilience and preparedness initiatives, including Ashland's Climate and Energy Action Plan (CEAP)," falls far short of what is required by AMC 9.40 and covers only one of the CEAP's two goals. Are you proposing to abandon citizens' oversight of CEAP implementation or are you proposing some other mechanism than a citizens' advisory committee to do it? 3. Setting the committee up for success (or disappointment). The proposed CEPAC would cover a wide range of issues without a clear link to a specific plan (or plans) with clear goals -and indicators. It seems rather unwieldy to me. The fact that the CPC is explicitly tied to the Climate and Energy Action Plan approved by the City Council and embedded in municipal code has been a great help in prioritizing the commissioners' work for the benefit of the City. Without such clear planning guidance that comes ultimately from the City Council, it may be difficult for the CEPAC to prioritize its work effectively without much greater ongoing guidance from the City Council itself than has been the case for any of the current commissions. Comments on the overall framework for all advisory committees: 1. Quorum. As I mentioned when we met, the current quorum rules for commissions (over half of all voting positions, whether or not filled) sometimes makes it difficult to meet quorum when there are several vacant seats. I like the quorum rule you propose as long as a minimum of three (3) members are in attendance. The text says "five (3)." 2. Term of appointment. Currently, commissioners serve three-year terms and may be reappointed (reappointments normally occured in April of each year). I don't see anything about the term of appointment in the draft resolution. Is the intention that committee members serve indefinitely? I'd be happy to discuss any of this at your convenience. Allbest, Bob Kaplan Dear Mr. Lessard, Mayor Akins, City Council, City Counsel, and Public Works Director, Thank you for the opportunity to comment on the upcoming resolution for City Advisory Committees. I currently serve on the Transportation Commission (TC) and do feel that it is a vital cog in the city's infrastructure future; from a health and safety perspective, traffic and pedestrian flow, and the environmental impact goals. In my opinion I do not believe it would be prudent to move it to a Management Advisory Committee (MAC) and that it should be in consideration for Standing Advisory Committee (SAC). My reasoning is as follows: 1. Transportation is critical for the life of any city. If you look at the National League of Cities 2022 studies, Roads, Streets and Signs is always in the top 4 items in all regions of America (with regards to subtopics). Also, in the studies it has Infrastructure (which includes roadways, transportation and pedestrian infrastructure, along with downtown revitalization) as the most important item; Economic Development was second, followed by (in descending order) Budgets and Management, Public Safety, Health and Human Services, Housing, Energy and Environment, Government Data and Technology, Demographics, and lastly Education. 2. Transportation is vital to the City in many areas; from Economic Development (how are the tourist getting into Ashland?) to the Environment (things like green house gas admissions/carbon footprint). Transportation covers a wide swath of items such as; sidewalks, pedistrian safety, bicycle safety, driver safety, street safety, and fire evacutation to name a few. You know the new freeway (Intersate 5) emergancy on ramp at the North Mountain overpass? That was done based on advice from the TC. Kind of important given the fire we had and potential fires in the future due to climate change. 3. The TC has put in a lot of effort into revising the Transportation System Plan (TSP) update (which I believe is a legal requirement) and I am not sure switching to a MAC would be good timing. The TSP should be completed (and approved by the Mayor and Council) before disbanding/moving the TC to a MAC. Again, my belief in moving the TC to a SAC would be more adivisable. Just for context, there have been several public comments made at TC meetings with regards to when the TSP update is going to be completed. 4. Public Works has recently implemented the Traffic Calming Program (TCP), which is getting a lot of interest from the community and is being requested regularly. In the TCP, it is set-up for the TC to review and advise/give direction to Public Works. This would need to be changed (verbiage mainly) and the City could possibly lose those of us who have work hard on it or lose the intention of it with new (which we need to get back to full members anyways) advisory committee members. 5. For the record, the TC has and always will be an advisory commission to the City, contrary to what some people think. We do not and cannot make policy, again we just advise. It has no authority on decision making, just us putting in our input for a safer and more equitable city. The only TC meetings that have been cancelled during my time where due to COVID and not for a lack of work to do. Lastly, moving/demoting the Transportation Commision (soon to be a Committee), seems disingenuous. Don't we all value being able to move around the city in whatever mode of transportation we want? Relegating the TC to the "minor" leagues doesn't send a good message to the public; hey we care about art but not how you move about our city. Not attacking the Art Commission (as they do have a budget and have to be in a SAC) just using it as a reference. Again, thank you for the opportunity to have a voice in the decision -making process of our great and beloved city. I trust that you all will make the best decision for the City. Feel free to contact me with any questions or clarifications. Kind regards, Mark Brouillard Vice -Chair, Ashland Transportation Commission Hello Melissa -- I am currently the chair of the Housing and Human Services Commission. I am writing now because the deadline for input is today. We have a Commission meeting from 4-6 pm today, and there may be additional comments after that meeting, but I want to forward my concern to you now, just in case. In the section of the Advisory Committee description for Housing and Human Services, there is reference in item 5 regarding monitoring the Ashland Social Service Grants, but there is no reference above that for reviewing and making recommendations to the City Council regarding those grants, as is delineated for the Community Development Block Grants and the Housing Trust Fund grants. If that was intentional, I would like to know the reasoning. However, if it was an oversight, I am hoping it can be corrected before the final draft goes to the Council Thank you so much. Linda Reppond Hi Mary and Joe, I am responding to the proposed resolution establishing city council and management advisory committees. Having only two days to respond to the memo is a tight timeframe. I recommend extending the response timeframe to at least two weeks. 1 am also CC'ing Marni Koopman, Bob Kaplanm, Mayor Akins, and City Councilors. Hi Joe Welcome to our small and traditionally citizen involved City. Below are my comments to the proposed resolution establishing city council and management advisory committees. I appreciate that the City of Austin Texas, adopted a Climate Equity Plan in 2021. I assume that you played a key role in its development and approval and understand the importance for everyone to step up. I see that the Austin CEP focuses on sustainable buildings, transportation and land use, transportation electrification, food and product consumption and natural systems. I have been a resident of Ashland since 1983 and have deeply appreciated that the City Council has encouraged citizen involvement in the form of committees and commissions. Beginning in 2008 I and several Conservation Commissioners and Ashland residents (young and old) worked closely with the Mayor, City Council, City Manager (Martha Bennett, and subsequent other City Managers), and outreach and input from City residents and businesses. This culminated in the City Council approval of the CEAP in 2017. This was no small effort. I understand the budget dilemma that the city is in and know that it needs to be addressed promptly. Personally, as a homeowner, I responded to the budget survey choosing the only option that makes sense to me (option 11) ... to increase property taxes by $17/mo. in order to prevail over the current deficit and to hire needed police and firefighters. What better can we do than to support one another as a community... to provide the best to our citizens and to our reintegration to being of harmony with this beautiful earth that supports us? In the first couple of years after CEAP approval, we got off to a good start. The city hired Stu Green as an analyst to support the plan implementation at a staff level and adopt the Climate Recovery Ordinance. The ordinance was the basis of rechartering/creating two commissions (recharter of the Conservation Commission into the Conservation and Climate Outreach Commission) and creating a new Climate Policy Commission. In May of 2021, Stu Green presented the annual Climate and Energy Action Plan report to the city council. A highlight of the report was that "Ashland is not meeting our goals to reduce greenhouse gas emissions... and that it is important for the city to lead the way with investment choices that reduce emissions and increase resilience to likely climate impacts". The words "investment choices" stand out to me. By investing now there is a chance that the future for our children and their families will not be as grim. At least we can say that we did our part. Wise investments include funding for CEAP goals and actions. I appreciate that the City Council included a Climate and Environment Policy Advisory Committee (CEPAC) as one of the proposed Standing Advisory Committees. However, I am concerned that the current City Council does not yet grasp the critical importance of implementing the goals and actions identified in the CEAP. ➢ A small but significant step is for the city to hire Stu's replacement ASAP, especially in light of the fact that funding for that position is not affected by the current budget issues. Regarding the proposed CEPAC. I notice that under the responsibility section the last bullet states "Climate resilience and preparedness initiatives, including Ashland's Climate and Energy Action Plan (CEAP)". Reducing GHG emissions will lead to better climate resilience. The CEAP makes it abundantly clear that we need to reduce our emissions. ➢ Would you please include the words climate mitigation in this bullet? Recommended wording: "Climate mitigation, resilience and preparedness initiatives, including Ashland's Climate and Energy Action Plan". On another note, missing from the proposed list of standing advisory committees is planning, transportation and forest lands representation. Albeit that public arts and historic preservation advisory committees are important, the aforementioned commissions also play very important roles as citizen representation bodies. Purely from the CEAP perspective we need planning - AKA providing support toward sustainable (net zero) buildings, transportation - AKA transportation electrification and cycle/ped issues, and forest lands - AKA natural systems including the WUI (wildland urban interface). ➢ I recommend that you reconsider including planning, transportation, and forest lands (WUI) in the list of potential standing committees. Thank you for asking for my input. If you have any questions, I am happy to meet with you. And, welcome to our beautiful little City! James McGinnis Mr. Lessard, Below and attached, please find my comments regarding the above topic. Thank you for the opportunity to provide input. If you want to talk further, please feel free to respond to this Email address or my cell phone. Best regards. Joseph Graf. Member, Ashland Transportation Commision July 28, 2022 From: Joseph Graf, Member Ashland Transportation Commission TO: Joseph Lessard, City Manager; joe.lessard@ashland.or.us RE; Proposed Restructuring of Ashland City Commissions Thank you for the opportunity to comment on the proposed restructuring of City Commissions. Although the recommendation and proposed resolution do not include a rationale for making these changes, we all want to ensure that City staff and Council make the best decisions with the most effective public input to these decisions. As a long-time member of the current Transportation Commission and as a former member of three ad hoc advisory committees (Water, Waste -Water, and Downtown Parking and Multi -Modal), I understand that there are different ways for citizen volunteers to help the City and that having a Commission for each of them is not the only option. Having said the above, I do worry about what I perceive as a proposed reduction of the role and value of a global view of transportation under the new organization. Based upon my experience, I we need an advisory group charged with advising Council and other Commissions or Advisory Committees on transportation issues, because the safety and efficiency of the transportation system is often affected by the decisions that these other groups make. My preferred way to accomplish this is to bring the current Transportation Commission and its existing charge into the group of Standing Advisory Committees. Otherwise, I see a real risk that the important charges to the current commission will get lost in this new organization, if not under the current City Manager and Public Works Director at some future time. You likely are receiving input from members of many Commissions affected by this proposal with long lists of reasons arguing for the status quo. My list arguing for the Transportation Commission to be a Standing Advisory Committee in the proposed reorganization follows this note. Use what makes sense for you. Lastly, please note that in my role in these groups, I gained great respect for and had very good working relationships with the current and previous two Public Works Directors. Working with City staff has always been a pleasure for me. Thank you for listening. Please feel free to contact me with any questions. Graf Rationale for Transportation as a Standing Advisory Committee: 1. The safety and efficiency of the transportation system is essential to Ashland's long-term health. 2. When we are revising Ashland's 12-year old Transportation System Plan is not a good time to dissolve the Transportation Commission. 3. Transportation issues overlap with the role of many of the other advisory groups, but none of them has the focus on safety and efficiency of our streets, sidewalks and bikeways as a primary major focus. Thus, an advisory group equal in status whose charge includes advising other groups on transportation issues will improve decision making in many areas. 4. Transportation issues continuously arise that need solutions, some of which can be handled by Public Works and some of which require Council action. Many of these issues start with public input, most recently through our new Traffic Calming Program. This in addition to the TSP Update will require the transportation advisory group to meet on a continuous and regular basis. Thus, it will be a standing committee in practice whatever name is assigned to it. 5. The proposed restructuring of advisory groups sends the message, intentional or not, that transportation is not highly valued and that having a group advising council on the issues in the current charge to the Transportation Commission is not wanted by the City. This may very well discourage citizen input, interest in joining the advisory group and potential for grants in support of transportation projects. Dear Mr. Lessard and Council, City Interim Counsel, City Recorder, Public Works Director, The restructuring of the Commission System comes at a time for a multitude of changes to our City government. Thank you for inviting my input and comment through the Public Works Director on the Resolution on Citizen Advisory Committees. I have made comment before in front of Council as a citizen and as a member and Chair of the Transportation Commission to the importance of the existing structure and the need for it to be strengthened in terms of facilitating the flow of communication from Staff to Council to Citizens. This communication, and the lack thereof, is part of the reason, in my opinion, for the dissemination of misinformation on social media in particular. Critical information and programs and projects that have been developed by the Wildfire Commission, The Climate Policy Commission, the Housing and Human Services the Transportation Commission and others have been inadequately communicated to the public, much to the detriment of the need for an informed and engaged citizenry. I hope that this restructuring can be part of what leads us out of that quagmire to a more truthful telling of the challenges we face, the manageable solutions we have within our grasp and the importance of citizen participation in the endeavor to proceed to building a resilient and sustainable Ashland. It is not clear to me why the Transportation Element has not been mentioned in the Climate and Environment Policy Commission, in particular,and other Commissions, in general. The Transportation Sector is responsible for 30-35% of GHG emissions. Access to transportation is critical in making sure that all ages and abilities are given the equitable ability to move through the community safely, no matter what mode they choose. Planning for development of housing and all other uses is not only critical in having a complete transportation plan, it is also State law. It is not clear to me why the Transportation Commission has been placed in the category of Management Advisory Committee, nor is it clear to me why the City Manager did not meet with the Transportation Commission or at least send a memo explaining the reasoning behind the categorization. It was also disappointing to be stuck in limbo as reappointments were not authorized, a pro forma measure which could have been in place even before the Council Special Sessions of May 23rd and 24th when the Commission Reorganization was first made public. However, in my conversations with our Public Works Director, I feel that the work that all past, present and future Commissioners have done and will do for this community is appreciated, is important and will continue to fulfill the Transportation Commission's mission and vision for our community. I would hope that the City Manager and the Council agrees with our Public Works Director with that continuance as the Transportation Management Advisory Committee is established. Setting Public Meeting requirements, if any are needed, to set the Procedures for establishing the Transportation Management Advisory Committee would be helpful. Thank you for your time and service to our community. Linda Peterson Adams 642 Oak Street (541)554-1544 Joe, I like the change to the quorum definition basing it on the number of currently approved members vs total number of slots available. Did you mean to state three in the bold text below? 'A quorum of each standing advisory committee shall consist of more than one-half (12) of the total number of its current Council -confirmed voting members, but in no case fewer than five (3) members.' With the change to the quorum definition I do not see the need for alternate members to step in to make a quorum. I think it is confusing on what their role would be for responsibilities and attendance and we would be better served to have them applyfor a voting member role in the standing advisory committee. Thanks, Ray Mallette CPC member To City Manager Joe Lessard: I have read closely the memo for the coming Council meeting regarding a restructuring of our city's excellent civic engagement structure with a broad array of citizen committees/ commissions. 1. With so many critical issues now facing Ashland not the least finding the time to have Council consideration of the recommendations for emergency weather policies this memo is taking time and political energy for an reform where is No problem. The best solution would be to drop this issue now and get on to more pressing problems. I have been involved in civic engagement with several cities in Oregon and other state. And Ashland's broad public participation in voluntary commission is one of the best I've seen. 2. While the Housing and Human Services Commission and other Standing Committees will likely continue with much the same roles and advisory power there are other committees that will be disbanded. I would hope that the volunteer members in those committees would be heard about how their essential work will be able to be continued. 3. The section of Management Advisory Committees MAC is to me a big step backward. This sections seems to make those MAC only subject to administration with a mission only determined by admin. Having a permanent mission is a key part of why folks take the time to be involved. They seem to be much more ad hoc and more directed at a small role to provide advise that the Admin wants. That tome is not a very rewarding role for engagement. 4. While there is some history of council discussion my contacts with other commission folks says that many have not heard much about this until now with just VERY SHORT time to give feedback. My suggestion is to give the community and commission members more time to give their advise. Thank you for your consideration of a better approach to civic engagement Rich Rohde 124 Ohio St Ashland rvoarich@vahoo.com Rich Rohde 7--ffC I have reviewed the City Managers July 22, 2022 memorandum regarding City Advisory Committees. I can agree with all the City Manager's recommendations with one exception. The one exception is his recommendation regarding the Tree Commission where the Tree Commission would become a Management Advisory Committee (MAC) rather than a Standing Advisory Committee as presently structured. The City Manager recommends that the Historic Commission remain a Standing Advisory Commission (SAC). The proposed Resolution recommends that the Historic Commission as a SAC continue to advise City staff and the Planning Commission concerning the improvement of designated historic properties in connection with Type I and Type 2 Planning Action involving new construction or existing historic resources. Presently the Tree Commission as a SAC serves in a similar advisory role as the Historic Commission except the Tree Commission advises on tree resources rather than historic resources. I have talked to Planning Commissioner Kerry KenCairn who is a licensed landscape architect and a former Tree Commission member. Also, I talked to Planning Commissioner Michael Dawkins who has long worked in the landscape and horticultural field. Both said that while they are pretty well versed in trees, they do no feel they have the expertise needed to best advise the Planning Commission about the preservation or removal of trees as part of development projects. As presently structured, the Historic and Tree Commissions as SAC's are structured so as not to add additional review time to development projects. The Tree Commission is proposed to become a MAC which as proposed to be structured does not provide for immediate timely action as is the case with a SAC. All I can see with the MAC as proposed is more review time for a project when compared to the consistent, ongoing functioning of a SAC. In talking to Kerry, she said she feels strong enough about the Tree Commission remaining on an equal level with the Historic Commission as a SAC that she may attend the August 2nd City Council meeting and speak. I plan to attend but do not plan to speak if Kerry speaks. As stated at tonight's Planning Commission meeting, other Commissioners are welcomed to pass along any thoughts they have. Haywood Planning Commission Chair, Haywood Norton Is the Airport Commission an active Management Advisory Committee, or is it to be appointed still? If it's continuing, am I approved to serve again? Patt Herdklotz Once Vice -Chair of the Airport Commission Hi Melissa, Can you tell me what this means vis-a-vis the Ashland City Band? Would the band come within the purview of the Public Arts Advisory Committee? Thanks! Bruce Hi Melissa! :-) Just a few questions: In section 2. A. under "Climate and Environmental Policy Advisory Committee" I noticed there's a potential for 9 voting members, and up to 6 ex-officio members. Does that mean the 6 ex- officio members will not be voting members? In the same section, I see that among the ex-officio members, there's one representative of the solid waste franchisee. Does that mean I don't need to express interest in appointment to the CEPAC? Thanks for your clarification! Jamie Rosenthal Recology Ashland July 27, 2022 Johanna Tuthill, Associate Planner Planning Department, City of Ashland Johanna, in response to the request for comments on the City Manager's Memo for the proposed future structure of City Commissions, following are my thoughts for consideration. With regard to appointment to "Advisory Committees" and in particular to the proposed Public Art Advisory Committee (PAAC) I recommend: 1) Codify in code or rule or practice that applicants interview the current Chair (of the PAAC) and the current Council liaison for their written interview comments to be provided to the Mayor or City Manager prior to a recommendation to appoint the applicant to the Advisory Committee. City equal opportunity procedures for diversity inclusion and equity apply to all discussions and interviews. 2) Codify or create a rule or practice that the PAAC will be provided quarterly reports on the balance of the Public Art Account in order for the PAAC to consider short term and long term public art project recommendations to the City Council. (E.g., the public art acquisition prior to Golden Connections between the library and Fire Station took a few years to be awarded, completed and installed). 3) Codify a rule or practice that the City staff will provide information about donors to the Public Art Funds from individuals or grant of foundations, etc., in order to allow for appropriate thank you correspondence and where appropriate for public acknowledgements and appreciation for the donation(s), and where requested by granting organizations in order to meet grant requirements. 4) Codify or create a rule or practice that the City staff liaison will maintain a file of current members of the PAAC with regard to their city residence and background to comply with the eligibility criteria outlined in the City Manager's Memo. This info will be shared with the Mayor, Council Liaison and Chair for consideration and in meetings with applicants and making appointments or recommendations. 5) Codify a rule or code that the City Attorney or designated staff will conduct a regularly occurring (as needed) orientation of new Advisory Committee Members. Codify that the City Liaison to each Advisory Committee together with the Chair will hold an orientation on projects and current activities with newly appointed members. Ken, Chair, PAC. Council Business Meeting August 2, 2022 Agenda Item. Initiation of an Ordinance Amendment Relating to Food Trucks & Food Carts From Bill Molnar Director of Community Development Contact bill. molnar(Dashland.or.us 541-552-2042 SUMMARY Before Council is a request to direct staff and the Planning Commission to evaluate and propose amendments to the Ashland Land Use Ordinance to address greater allowances for food trucks and food carts in Ashland. POLICIES, PLANS & GOALS SUPPORTED Comprehensive Plan, The Economy Element Goal 7.07.03 Policy 2.G seeks, "Clear and objective standards for development reviews that provide for a quick and predictable approval process with a reduced amount of uncertainty." PREVIOUS COUNCIL ACTION The City Council has not previously reviewed this item. BACKGROUND AND ADDITIONAL INFORMATION In addition to serving as an option for restauranteurs to make a more affordable entry into the business without an up -front bricks -and -mortar investment, food trucks can enliven and activate spaces and during the pandemic provided an affordable outdoor dining option in many communities. In Ashland, food trucks are currently allowed as follows: • Short -Term Events (AMC 18.2.2.030.H): Current codes provide for staff approval of short-term temporary uses occurring no more than once in a calendar year on a property and lasting not more than 72 hours. There are no public notice requirements for this type of review. This is the process used for the food trucks at the annual Chocolate Festival at the Ashland Hills Hotel and at exhibitions and shows at the Enclave Studios and Galleries (see photo below). • Accessory to an Existing Use: Where food trucks are part of an event that is accessory to an existing, approved use they may occur without a permit. As an example, when the Earth Day celebration is held at ScienceWorks Hands On Museum each year, the celebration including food trucks is accessory to the existing approved use. • Conditional Use Permit (AMC 18.5.4): Where a proposal goes beyond the scope of a short-term event or being accessory to an existing use, food trucks as temporary, seasonal or intermittent uses require Conditional Use Permit approval. This process requires public notices and generally takes approximately 45 days unless an appeal is filed. This is the process used for the Water Street Cafe, the food truck court at the current Growers Market, at Northwest Nature Shop and on the OSF campus. The Conditional Use Permit process — which involves a $200 pre -application conference, a $1,120.25 application fee, and an extended process if appealed - can pose a barrier to entry to many food truck owners. Planning staff and the Planning Commission would like to look at ways to providing additional options for Pagel of 3 CITY OF -ASH LAN D food trucks owners interested in operating in Ashland. This might include expanding the allowances for short-term events beyond once per calendar year per property, looking at allowing food trucks outright in approved plaza spaces in Detail Site Review zones where food vendors and space for outdoor eating are already among the menu of required elements for plaza space design, or looking at appropriate allowances for food trucks and space for outdoor eating in some existing commercial parking lots. FISCAL IMPACTS Permitting and inspections could be handled through existing, established processes with fees to cover the cost of services. Food vendors would be required to pay Ashland's Food and Beverage Tax which would generate additional revenue. STAFF RECOMMENDATION AMC 18.5.1.100 provides that the City Council may initiate a planning action by motion duly adopted and designating the appropriate City department to complete and file the application. Staff recommends that the City Council direct planning staff to work with the Planning Commission to prepare amendments to the Land Use Ordinance to address greater allowances for food trucks and food carts in Ashland. ACTIONS, OPTIONS & POTENTIAL MOTIONS I move that the City Council ask Planning Staff and the Planning Commission to initiate amendments to the Land Use Ordinance addressing allowances for food trucks and food carts in Ashland. REFERENCES & ATTACHMENTS • Jason Eaton/Conscious Construction e-mail • June 28a' Planning Commission Minutes • Plaza Space Standards (see https:Hashland.municipal.codes/LandUse/18.4.2.040.D.2) Page 2 of 3 CITY OF -ASH LAN D _ �• ♦ i _ DADDY Y PA FW: Beer Bike and tourism thoughts Bill Molnar <bill.molnar@ashland.or.us> Tue 2022-06-28 07:13 AM To: Brandon Goldman<brandon.goldman@ashland.or.us>;Derek Severson <derek.severson@ashland.or.us> FYI — Note one of Jason's suggestions for making the town "different" From: jason eaton <jason@designbuiWas hland.com> Sent: Tuesday, June 28, 2022 6:41 AM To: City Council <council@ashland.or.us> Subject: Beer Bike and tourism thoughts [EXTERNAL SENDER] Good Morning, I tend to lurk on the sidelines and complain with like-minded friends about the state of our towns tourist economy and the lack of strategies we employ to diversify it beyond Shakespeare. However, I wanted to reach out as I am feeling optimistic after the recent approval of the Beer Bike and specifically Councilor DuQuennes quote regarding it: "It sounds like fun; it sounds like something different. We haven't had something different in a long time," Activities and events, large and small, that make our town more fun and inviting to a wider range of tourists need to be embraced. I'd like to see this mentality extended to other areas: -Closing off the Plaza on weekends in the summer like we did during COVID. -Having events such as the Cascade Cup Bike Race last weekend and Ashland Hill Climb finish in downtown close to restaurants and bars instead of banished to the upper reaches where only participants are even aware it's happening. -Adding a beginner mountain bike trail through the upper park area as proposed by RVMBA. -More diverse events in the under -used bandshell. Movies in the park, concerts, etc. -Ease Food Truck restrictions I love our town but feel like for too long our mentality has been that instead of approving activities that the majority of the town would enjoy and embrace, we cater to the vocal minority so that we don't ruffle ANY feathers (Concerts in the park are too loud for the few Granite Street homeowners, Races finishing in downtown could cause a small traffic jamb, a bike trail has never been allowed in Lithia Park, etc). Lot's of diverse interests can co -exist together and finding a "path to yes" for approvals will help us all economically by inviting more tourists as well as making our town more fun for those who live here. Let's continue to embrace "Different"! Thanks for your work, Jason Eaton Jason Eaton (541)973-8889 www.designbuildashland.com ,�� CONSCIUOUS CITY OF -AS H LA N D ASHLAND PLANNING COMMISSION STUDY SESSION Draft Minutes June 28, 2022 I. CALL TO ORDER: 7:00 PM, via Zoom Chair Haywood Norton called the meeting to order at 7:03 p.m. Commissioners Present: Michael Dawkins Haywood Norton Kerry KenCairn Lynn Thompson Lisa Verner Doug Knauer Eric Herron Absent Members: Staff Present: Bill Molnar, Community Development Director Brandon Goldman, Planning Manager Michael Sullivan, Administrative Assistant Council Liaison: Paula Hyatt II. ANNOUNCEMENTS Community Development Director Bill Molnar made the following announcement: • The appeal of the Commission's denial of PA-T2-2022-00037, 165 Water Street has been postponed at the request of the appellant. An extension for the appeal was granted by the City Council. III. PUBLIC FORUM - None IV. DISCUSSION ITEMS A. Ashland Characteristics, Demographics and Urban Form Presentation Mr. Molnar informed the Commission that the City Council had held two special sessions in May, 2022 to discuss the City's general fund and provide information on the biennial budget, and the characteristics of the City. He gave a brief history on the City's growth management, and the physical constraints that define the City's Urban Growth Boundary (UGB). Staff Presentation Planning Manager Brandon Goldman gave a presentation on the characteristics, demographics, and urban form of the City. He stated that staff had been working with City Manager Joe Lessard to identify areas of note, such as tourist spots and natural environments, that give character to the City. He added that the City is also known for its schools and vibrant art scene. Mr. Goldman summarized the demographics of the City as: low but steady population growth; an aging population over the national trend; high housing costs; majority of households comprise 1-2 individuals; one -in -five households having children; and an increasing divide between low-income and high -income households and their ability to purchase a house (see attachment #1). Mr. Goldman summarized the future buildable land within the City Limits. He pointed out that there are 475 buildable acres for potential residential properties within the City Limits and UGB, and that the City is currently at 80% buildout for residential units. He stated that staff identified Limited Capacity Developable Residential Lots as properties with a maximum building potential of one or two additional dwellings. He added that a total of 500 lots were identified to fit this criteria, for a potential total of 597 additional dwelling units on those properties. Mr. Goldman informed the Commission that there were 185 net acres available for Commercial, Employment, and Industrial use, and that the development rate of Commercial lands in the City is 1/5t' the estimate provided by the 2007 Economic Opportunity Analysis. Ashland Planning Commission June 28, 2022 Page 1 of 3 Mr. Goldman pointed out several districts to be considered as Opportunity Districts along the central transit route through the City, which could provide additional business and housing growth. These areas were identified as the Downtown District, for entertainment and cultural buildings; the University District for education and customer service buildings; and the Croman Mill District for future employment and mixed -use residential buildings. Mr. Goldman noted that the Rogue Valley Transportation District has indicated that it would reroute transit lines to include the Croman Mill District once it has been established. Mr. Goldman stated that these Opportunity Districts could have many benefits from a land -use perspective, including promoting mixed -use and economic development, reducing traffic congestion and increasing pedestrian activity, and reducing vehicle emissions and limiting urban sprawl into surrounding farmland. Mr. Goldman stated that staff had identified three potential zones to be used for urban reserve areas and future growth, and included the northside of East Main Street, Tolman Creek Road and Siskiyou Boulevard, and the Billings Farm. Questions of Staff Commissioner Thompson commented that the presentation displaying residential land does not factor in the possibility of second units on a property in the form of Accessory Residential Units (ARUs) or duplexes. She added that, with the increase in residents working from home, that the potential for commercial developments only in Commercial Zones or being limited to traditionally commercial buildings. Mr. Goldman agreed, and responded that staff had been conservative in its estimates of future growth. He elaborated that some of the graphs included had been based on a 2019 study of the City's buildable land inventory, which preceded the state's requirement that medium-sized cities allow ARUs or duplexes on any lots that allow a single-family residence. Commissioner Thompson asked how this could affect the results of a study that attempts to quantify the City's potential for additional residential units. Mr. Goldman responded that not all single-family lots could accommodate an ARU or be converted into a duplex, and therefore an exact number is difficult to ascertain. Commissioner Thompson inquired about the status of the Imperatrice Ranch that had been considered as a site for affordable housing in the past. Mr. Goldman responded that the 640 acre property had originally been purchased by the City in order to be used as part of a waste -water treatment facility. It has since been identified as a potential surplus property, but no decision has been made. The property is located outside of the UGB, so its development capacity is limited by what is permissible by the County, and is unlikely to be used for affordable housing unless the UGB is expanded to encompass the property. Commissioner Thompson questioned if the property could instead be used as an urban reserve area, to which Mr. Goldman responded that any urban reserve areas would need to be contiguous with the City Limits. Mr. Molnar stated that the Imperatrice Ranch property would be extremely difficult to incorporate into the UGB, and that there are more efficient areas for expansion. He added that staff and City Council are examining zoning amendments to the Railroad District and the Croman Mill Site as areas to expand city services. Commissioner Dawkins inquired if Interstate 5 (1-5) created the same physical barrier in regards to annexation that railroads have caused. Mr. Molnar responded that he would need to reexamine a decision handed down by the Oregon Land Use Board of Appeals (LUBA), but that railroads are typically privately owned and still pose a barrier to annexation. Mr. Molnar stated that railroads are not considered a public right-of-way, but that he believed a local or state highway would not inhibit the City's contiguous expansion. B. Food Truck Discussion Mr. Molnar informed the Commission that there was renewed interest in the City revising its ordinances regarding food trucks and easing their permitting process. He remarked that the Commission had made some changes several years ago to provide flexibility for short-term food trucks, but that any long-term placement of a food truck currently requires a Conditional Use Permit (CUP) which could take up to 45 days to complete. Staff Presentation Mr. Goldman began by identifying different types of food trucks, as a different application process will likely be required for each. These included: 1. Food Trucks - placed in surplus parking areas. 2. Food Cart Parks - would provide seating, restrooms, be semi -permanent and could be moved if the property -use changed. Ashland Planning Commission June 28, 2022 Page 2 of 3 3. Street Trucks - access from the sidewalk for customers and would use the public right-of-way. 4. Private Plaza Areas - for use in large open spaces, such as the Oregon Shakespeare Festival, and could provide seating and host a variety of food truck options. 5. Special Events — temporary use, such as block parties, weddings, and could provide on -site catering. Mr. Goldman detailed how vacant and underused properties could be used by food trucks without impacting any existing on -site uses. He showed various sites in the city that could accommodate food trucks, such as Russ Johnson Tire, which has been vacant for a number of years, and the Grower's Market, which already hosts food trucks once a week. Mr. Goldman drew attention to several points that required deliberation before approval could be considered, including signage, trash and recycling, fire safety and accessibility, and permit processing. Questions of Staff Commissioner Verner inquired if food trucks could operate on Lithia Way across from Plaza West. Mr. Goldman responded that the City's ordinance relating to streets currently prohibits commercial activities in streets and public right-of-way, so it would need to be changed before proceeding. He added that food trucks could be a good opportunity for entrepreneurs to begin their business and eventually transition to a brick and mortar restaurant. Commissioner KenCairn if the limited application of special event food trucks would be to prevent them from becoming a permanent fixture. Mr. Goldman responded that special event food trucks would only be used for large, temporary events, because a reoccurring events could more heavily impact the area. Commissioner KenCairn stated that the success of a food truck is based on its reliability, and that she supported not assigning permanent locations for food trucks, but instead providing opportunities for them to operate consistently without requiring building space. Mr. Goldman agreed, adding that other cities have instituted term limits before a food truck would need to change locations. This would limit the impact on the area and also allow food truck vendors to reach a variety of markets. There was general support from the Commission to allow greater flexibility and access for food trucks within the City. Commissioner Knauer commented that food trucks are an important business in Philadelphia and other areas, and that he believes that they are underutilized in the City. Commissioner Thompson emphasized that she appreciated the impacts associated with food trucks and why they currently require a CUP, but endorsed allowing them greater flexibility. Commissioner Thompson expressed concern over food trucks taking up valuable parking, particularly in the downtown area, but generally endorsed the suggestions from staff. Commissioner Herron recommended that the Commission prioritize allowing greater flexibility for CUP's before addressing permanent food truck permits, as those would take more time to consider. He commented that food trucks could provide additional dining options for areas of the City with fewer restaurants, and added that some restaurant owners might not be in favor of allowing food trucks near their businesses. Mr. Molnar pointed out that establishing a more flexible permitting process could decrease code compliance issues with unpermitted food trucks, and that an increasing number of cities are making more allowances for food trucks. Mr. Goldman added that the long permitting process will often prohibit food trucks from being used at special events, and a more streamlined process could increase their use for such occasions. Councilor Hyatt agreed with Mr. Goldman and conveyed how food courts have helped create a greater sense of community in Bend. She endorsed the potential change to the ordinance and expressed a desire to see this brought before the City Council. Chair Norton outlined the advantage of developing a greater permitting system for food trucks is establishing concrete criteria they operate under, such as signage and garbage disposal. V. ADJOURNMENT Meeting adjourned at 8:26 p.m. Submitted by, Michael Sullivan, Administrative Assistant Ashland Planning Commission June 28, 2022 Page 3 of 3 Council Business Meeting August 2, 2022 Agenda Item League of Oregon Cities 2023 Legislative Priorities Ballot From Joseph Lessard City Manager Contact ioe.lessardCcDashland. or. us; 541-522-2103 SUMMARY The City of Ashland is a member of the League of Oregon Cities (LOC). LOC is requesting the City Council identify its ton five (5) priorities for the upcoming 2023 Oregon Legislative Session from the following: 1. Full Funding and Alignment for State Land Use Initiatives 2. Local Funding to Address Homelessness 3. Infrastructure Funding to Support Needed Housing 4. Community Resiliency and Wildfire Planning 5. Protecting Public Employees and Officials 6. Return to Work 7. Attorney Client Privilege 8. Address Measure 110 Shortcomings 9. Building Decarbonization, Efficiency, and Modernization 10. Continue Investments in Renewable Energy 11. Investment in Community Climate Planning Resources 12. Adequate Funding for State Climate Initiatives 13. Property Tax Reform 14. Lodging Tax Flexibility 15. Economic Development Incentives (co-sponsor with the Community Development Committee) 16. Marijuana Taxes 17. Alcohol Revenues 18. Digital Equity and Inclusion 19. Resilient, Futureproof Broadband Infrastructure and Planning Investment 20. Incentives for Broadband Affordability, Adoption and Consumer Protections 21. Cybersecurity & Privacy 22. Transportation Safety Enhancement 23. Road User Fee — Vehicle Miles Traveled (VMT) Structure 24. New Mobility Services 25. Funding for Recovery of Abandoned Recreations Vehicles 26. Water Utility Rate and Fund Assistance 27. Place -Based, Water Resource Planning (Program Support) 28. Infrastructure Financing and Resilience Additional supportive or critical comments on the above issues, or other potential legislative issues, can also be provided to LOC. Priority recommendations received as of Friday, July 29, 2022, from Council Member and other Ashland elected officials are included on the attached Ballot Tally Sheet. Page 1 of 2 CITY OF -ASHLAND ACTIONS, OPTIONS & POTENTIAL MOTIONS Select recommendation for priorities: • Mayor & each Council Members: I recommend the following five (5) potential priorities for consideration in the 2023 Oregon Legislative Session. Select final priorities for submittal to LOC: • City Council Member: I mover the City Manager provide the following five (5) issues to the League of Oregon Cities as the City of Ashland's top priorities for consideration in the 2023 Oregon Legislative Session. • City Council Member: I move the following additional issue comments be provided by the City Manager to LOC for consideration in the 2023 Oregon Legislative Session. STAFF RECOMMENDATION Staff recommends the Mayor and each Council Member recommend their top five (5) priorities for consideration and then the City Council entertain a motion to identify and vote on the five (5) finalist priorities for submittal by the City Manager to LOC. FISCAL IMPACTS No fiscal impact. REFERENCES & ATTACHMENTS LOC 2023 Legislative Priorities Ballot League of Oregon Cities (LOC) 2023 Legislative Priorities — Ballot Tally Sheet, July 29, 2022 Page 2 of 2 CITY OF -ASH LAN D 41 LQC League of Oregon Cities 2023 Legislative Priorities Ballot Ballot Submitter's Information: City name: Submitter's Name: Job Title: Email Address: Phone Number: Please check 5 boxes that reflect the top 5 issues that your city recommends be added to the priorities for the League's 2022 legislative agenda. To see full background information on each of these legislative issues go to: https://www.orcities.org/application/ files/6916/5532/9480/2023_Legislative_Priorities Ballot v.2.pdf 1. Full Funding and Alignment for State Land Use Initiatives 2. Local Funding to Address Homelessness El3. Infrastructure Funding to Support Needed Housing 4. Community Resiliency and Wildfire Planning 5. Protecting Public Employees and Officials 6. Return to Work 7. Attorney Client Privilege 8. Address Measure 110 Shortcomings 9. Building Decarbonization, Efficiency, and Modernization 10. Continue Investments in Renewable Energy 11. Investment in Community Climate Planning Resources 12. Adequate Funding for State Climate Initiatives 13. Property Tax Reform League of Oregon Cities 2023 Legislative Priorities Ballot 14. Lodging Tax Flexibility ❑15. Economic Development Incentives (co-sponsor with the Community Development Committee) 16. Marijuana Taxes 17. Alcohol Revenues 18. Digital Equity and Inclusion 19. Resilient, Futureproof Broadband Infrastructure and Planning Investment 20. Incentives for Broadband Affordability, Adoption and Consumer Protections 21. Cybersecurity & Privacy 22. Transportation Safety Enhancement 23. Road User Fee —Vehicle Miles Traveled (VMT) Structure 24. New Mobility Services 25. Funding for Recovery of Abandoned Recreational Vehicles 26. Water Utility Rate and Fund Assistance. 1-1 27. Place -Based, Water Resource Planning (Program Support) 28. Infrastructure Financing and Resilience Write-in Option: In addition to your ranking of the priorities shown above, please use this space to provide us with any comments (supportive or critical) you may have on these issues, or thoughts on issues or potential legislative initiatives that have been overlooked during the committee process.): League of Oregon Cities (LOC) 2023 Legislative Priorities Ballot Tally Sheet July 29, 2022 1. Full Funding and Alignment for State Land Use Initiatives Council Input: Other Input: 2. Local Funding to Address Homelessness Council Input: Other Input: Park Commissioner Bachman 3. Infrastructure Funding to Support Needed Housing Council Input: Seffinger Other Input: Park Commissioner Bachman 4. Community Resiliency and Wildfire Planning Council Input: Seffinger; Jensen Other Input: Park Commissioner Bachman 5. Protecting Public Employees and Officials Council Input: Other Input: 6. Return to Work Council Input: Other Input: 7. Attorney Client Privilege Council Input: Other Input: S. Address Measure 110 Shortcomings Council Input: Other Input: 9. Building Decarbonization, Efficiency, and Modernization Council Input: Other Input: 10. Continue Investments in Renewable Energy Council Input: Jensen Other Input: 11. Investment in Community Climate Planning Resources Council Input: Jensen Other Input: 12. Adequate Funding for State Climate Initiatives Council Input: Seffinger Other Input: 13. Property Tax Reform Council Input: Jensen Other Input: 14. Lodging Tax Flexibility Council Input: Other Input: Park Commissioner Bachman 15. Economic Development Incentives (co-sponsor with the Community Development Committee) Council Input: Seffinger Other Input: Park Commissioner Bachman 16. Marijuana Taxes Council Input: Other Input: 17. Alcohol Revenues Council Input: Other Input: 18. Digital Equity and Inclusion Council Input: Other Input: 19. Resilient, Futureproof Broadband Infrastructure and Planning Investment Council Input: Jensen Other Input: 4 20. Incentives for Broadband Affordability, Adoption and Consumer Protections Council Input: Other Input: 21. Cybersecurity & Privacy Council Input: Other Input: 22. Transportation Safety Enhancement Council Input: Other Input: 23. Road User Fee — Vehicle Miles Traveled (VMT) Structure Council Input: Other Input: 24. New Mobility Services Council Input: Other Input: 25. Funding for Recovery of Abandoned Recreations Vehicles Council Input: Other Input: 26. Water Utility Rate and Fund Assistance Council Input: Other Input: 27. Place -Based, Water Resource Planning (Program Support) Council Input: Other Input: 28. Infrastructure Financing and Resilience Council Input: Seffinger Other Input: 6 Write -in Options Council Input: Other Input: Park Commissioner Bachman — Campaign finance reform (ala State Senator Jeff Golden's initiative) Council Business Meeting August 2, 2022 Agenda Item First Reading of Ordinance 13.03.300 Amendments to add Standards for Small Wireless Facilities in the Public Rights -Of -Way From Douglas M. McGeary Acting City Attorney Contact Doug.mcgeary(a)-ashland. or. us; 541-552-2091 SUMMARY The City Council is being asked to review the proposed ordinance amendments intended to guide the review and approval of small wireless facility applications (generally including and labeled 5G equipment) consistent with FCC regulations. PREVIOUS COUNCIL ACTION The City Council received a project update and presentation at the January 4, 2021, regular meeting. BACKGROUND AND ADDITIONAL INFORMATION The city has been approached by citizens with special concerns for present and an increasing demand for the deployment of telecommunication facilities within the city boundaries. Not only are there aesthetic concerns for these mechanical structures and components but some citizens have voiced concern over the technology and the unknown or disputed effects from radiation that emanate from these facilities. The city also recognizes that small wireless facilities are needed to deliver wireless access and capacity for advanced. technology uses including broadband, for first responder services to homes and businesses, and for health care, public safety and educational services providers within the city Whether negative effects from these facilities are factual or not, the city must still provide a safe and aesthetically pleasing environment, which these facilities could potentially impact negatively. Thus, it is in the city's interest to regulate for the sheer increase in numbers of these facilities in order to mitigate or avoid adverse visual impacts, encourage the deployment of infrastructure consistent with the surrounding built and natural environment, and preserve the City's historic and environmental resources to the extent feasible. Also important is to understand that Federal law prohibits state and local governments from imposing more restrictive regulations on small cell wireless facilities than imposed on other similar types of infrastructure (such as wireline communications or cable facilities). This means that state and local governments cannot prohibit the installation of small cell facilities in areas where similar types of infrastructure are allowed. Although many communities have historically handled wireless facility siting through the land use process, new FCC regulations effectively prohibit these procedures. As a result, the current best practice is to place new regulations for small wireless facilities within the public rights -of -way in the city's streets and highways code rather than its land development code. The city has adopted the model ordinance developed by the League of Oregon Cities to incorporate into the city's present AMC Chapter 13.02 PUBLIC RIGHTS -OF -WAY ordinance. Where further specificity is needed to guide placement and other aesthetic considerations, the city will adopt additional specific design guidelines periodically for Small Wireless Facilities by resolution to remain responsive to changing laws and technology. Page 1 of 2 C 1 T Y OF -ASHLAND FISCAL IMPACTS The City will collect fees for the review of small wireless facilities, as permitted by the FCC. The FCC has determined that the following fees are considered fair and reasonable: • $500.00 for non -recurring fees, including a single, up -front application for up to five small wireless facility sites, with an additional $100.00 for each additional small wireless facility site beyond the initial five sites • $1,000 for non -recurring fees for a new pole to support one or more small wireless facility • $270.00 per year for all recurring fees2 including any right-of-way access fee (e.g., encroachment permit) or fee for attachment to a municipality -owned structure in the public right-of-way STAFF RECOMMENDATION Staff recommends approval for first reading of proposed AMC 13.03.300 amendments for small wireless facility applications. ACTIONS, OPTIONS & POTENTIAL MOTIONS Alternative Motions: • I move approval for first reading of the AMC 13.03.300 amendments to include small wireless facility applications and advance it to second reading. • 1 move to decline approval of the AMC 13.03.300 amendments to include small wireless facility applications. REFERENCES & ATTACHMENTS Ordinance 13.03.300 Amendments for Small Wireless Facility Applications Page 2 of 2 CITY OF -ASH LAN D ORDINANCE NO. AN ORDINANCE AMENDING AMC CHAPTER 13.02 PUBLIC RIGHTS - OF -WAY AND ESTABLISHING STANDARDS FOR SMALL WIRELESS FACILITIES IN THE RIGHTS -OF -WAY IN THE CITY OF ASHLAND Annotated to show deletiens and additions to the code sections being modified. Deletions are bold Fmed thFeugh and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City. The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the City desires to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities, while enabling the City to promote the management of the rights -of -way in the overall interests of the public health, safety and welfare; and WHEREAS, the City recognizes that small wireless facilities are needed to deliver wireless access and capacity to advanced technology, broadband and first responder services to homes, and businesses, as well as health care, public safety and educational services providers within the City; and WHEREAS, the City recognizes that the wireless industry needs small wireless facilities, including facilities commonly referred to as small cells, deployed in the public rights -of -way; and WHEREAS, the City further recognizes that the City must balance the benefits from small cell infrastructure with its aesthetic impact on the community in order to mitigate or avoid adverse visual impacts, encourage the deployment of infrastructure consistent with the surrounding built and natural environment, and preserve the City's historic and environmental resources to the extent feasible; and WHEREAS, the City intends to adopt a new code consistent with local, state and federal laws, standards and requirements. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 13.02 PUBLIC RIGHTS -OF -WAY of the Ashland Municipal Code is hereby amended and by adding the following Sections as follows: Chapter 13.02 PUBLIC RIGHTS -OF -WAY Sections: 13.02.010Definitions • 13.02.020jurisdiction • 13.02.030Scope of Regulatory Control • 13.02.040Right-of-Way Encroachment • 13.02.050Encroachment Permits • 13.02.060Standards and Conditions • 13.02.070Permit Issuance • 13.02.090Revocation of Permits • 13.02.100Removal of Encroachment 13.02.110Liability 13.02.1300bligations of the City of Ashland • 13.02.200Appeals 13.02.300 Standards For Small Wireless Facilities In The Rights -Of -Way. 13.02.900Penalties I13.02.010Definitions r (1) For the purpose of Sections 13.02.010 — 13.02.200 in this chapter, the following mean: A. Encroach. The act of a private individual extending from their abutting private property into a public right-of-way, public easement or public property. B. Encroachment. Area in a public right-of-way, public easement or public property that is being encroached upon by a private individual. C. Encroachment Permit. A revocable permit granted by the Public Works Director to allow permittee to encroach upon a public right-of-way, public easement or public property where compliance with this chapter can be demonstrated. D. Person. Individual, corporation, association, firm, partnership, joint stock company, and similar entities. E. Public Easement. An easement granted to the City for a public purpose, including, but not limited to the purpose of installing or maintaining public or private utility infrastructure for the provision of water, power, heat or telecommunications to the public. F. Public Property. Real property owned by the City and open to the public for public use. G. Public rights -of -way. Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including subsurface and air space over these areas. H. Public Works Director. The City Public Works Director or his/her authorized designee. I. Within the City: Territory over which the City now has or acquires jurisdiction for the exercise of its powers. (2) For purposes of Sections 13.02.300—13.02.200 in this chapter, the following mean: (A) "Antenna" means the same as defined in 47 C.F.R. 4 1.6002(b), as may be amended or superseded. The term includes an apparatus designed for the purpose of emitting radio frequencies (RF) to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of personal wireless service and any commingled information services. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, or device authorized under 47 C.F.R. Part 15. (B) "Antenna Equipment" means the same as defined 47 C.F.R. 4 1.6002(c), as may be amended or superseded, which defines the term to mean equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. (C) "Antenna Facility" means the same as defined in 47 C.F.R. 4 1.6002(d), as may be amended or superseded, which defines the term to mean an antenna and associated antenna equipment. (D) "Applicable codes" means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or state or local amendments to those codes that are of general application and consistent with state and federal law. (E) "Applicant" means any person who submits an application as or on behalf of awireless provider. (F) "Application" means requests submitted by an applicant (i) for permission to collocate small wireless facilities; or 00 to approve the installation, modification or replacement of a structure on which to collocate a small wireless facility in the rights -of -way, where required. (G) "City Structure" means a structure located in the rights -of -way within the City's jurisdictional boundaries that is owned, managed or operated by the City or any subdivision or instrumentality thereof, including municipal electric utilities. Includine, but not limited to streetlights, traffic signals, utility poles, or building. (I) "Collocate" means the same as defined in 47 C.F.R. & 1.6002(e), as may be amended or superseded, which defines that term to mean (1) mounting or installing an antenna facility on a preexisting structure, and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility on that structure. "Collocation" has a corresponding meaning. (1) "Day" means calendar day. For purposes of the FCC shot clock, a terminal day that falls on a holiday or weekend shall be deemed to be the next immediate business day. (J) "Decorative pole" means a city structure that is specially designed and placed for aesthetic purposes. (I) "Historic district" means a group of buildines, properties, or sites that are either: (1) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register in accordance with Section VI.D.Ia.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C; or, (2) a locally desienated historic district as of the effective date of this Chapter or in a locally desienated historic district existing when an application is submitted. (L) "Permissions" means City authorized hermits, agreements or licenses necessary for small wireless deplovment. (M) "Person" means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, includine the City. "Pole" means a type of structure in the rights -of -way that is or may be used in whole or in Part by or for wireline communications, electric distribution, liehting, traffic control, sienaee, or similar function, or for collocation of small wireless facilities; provided such term does not include a tower, building or electric transmission structures. (0) "Riahts-of-Way" or "ROW" has the same definition as section (1)(G) in this Section. (P) "Routine Maintenance" means inspections, testing, repair, and modifications subject to Section 6409(a) that maintain functional capacity, aesthetic and structural integri! of a small wireless facility and/or the associated pole or structure. (0) "Small wireless facility" means a facility that meets each of the following conditions per 47 C.F.R 41.6002(l), as may be amended or superseded: (1) The facilities (i) are mounted on structures 50 feet or less in height including the antennas, or (ii) are mounted on structures no more than 10 percent taller than other adiacent structures, or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; and, (2) Each antenna associated with the deployment, excludine associated antenna equipment. is no more than three cubic feet in volume; and, (3) All other wireless equipment associated with the structure, includine wireless equipment associated with the antenna and any are -existing associated equipment on the structure, is no more than 28 cubic feet in volume; and, (4) The facilities do not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. 4 1.1307(b). (R) "Structure" means the same as defined in 47 C.F.R. 4 1.6002(m), as may be amended or superseded, which defines that term as a pole, tower, or base station, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of service). (S) "Wireless Infrastructure Provider" means any person, including a person authorized to provide communications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities, but that is not a wireless services provider. (T) "Wireless Provider" means a wireless infrastructure provider or a wireless services provider. (U) "Wireless Services Provider" means a person who provides personal wireless services (whether or not it is comineled with other services). I13.02.020Jurisdiction r As relates to this Chapter 13.02, the City has jurisdiction and exercises regulatory control over all public rights -of -way within the City under the authority of the City charter and state law. 13.02.03OScope of Regulatory Control r The City has jurisdiction and exercises regulatory control over each public right-of-way whether the City has a fee, easement, or other legal interest in the right-of-way. The City has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure, or other means. A permit from the City authorizes an applicant to undertake only certain activities in accordance with this Chapter and does not create a property right or grant authority to the applicant to impinee upon the riehts of others who may already have an interest in the riehts-of-way. I13.02.040Right-of-Way Encroachment A. Prohibition. Except as provided in subsection © of this section, no person or entity may occupy or encroach on a public right-of-way without the permission of the City. The City grants permission to use public rights -of -way, by franchises, licenses, concessions and permits. B. Standard Forms. Franchises, licenses, concessions and permits for use of public rights -of - way shall comply with all applicable requirements for occupancy or encroachment of such areas as set forth in AMC Chapter 13.03 and other applicable provisions of the Ashland Municipal Code. Franchises, licenses, concessions and permits shall be submitted on a City standard form franchise, license, concession, or permit template, together with required fees, if any. Such standard fees may be adopted and amended by resolution of the City Council. C. City Functional Items. The City of Ashland is not required to obtain permits or other City authorizations to place City utilities, facilities or other structures in the right-of-way, including "functional items" intended for public usage. City functional items include, but are not limited to, a City standard bench, water fountain, planter box, garbage receptacle, ash can, bike rack, bollard, publication box, or other functional items identified by resolution of the City Council. The City Council resolution shall identify functional items and establish minimum standards for such items. D. Donated or Loaned Functional Items. An abutting property owner together with the occupant may donate or loan to the City of Ashland a City standard functional item for use in an adjacent sidewalk permit area. Other persons or entities may also donate or loan functional items, for use in nonadjacent public areas. Items accepted on loan require insurance and a maintenance/hold harmless/indemnity agreement in a form approved by the City. Donated items do not require insurance or a maintenance agreement, but the donations must be accepted by the City to be eligible for placement. The City Manager is delegated authority to accept or reject donations and loans for purposes of this chapter, in the Manager's sole discretion. After demonstrated compliance with this section, the City Public Works Director may authorize in writing the placement of a donated or loaned City standard functional item, in locations meeting, at a minimum, the clearance requirement of AMC ChapterFI-0-.64 or in approved locations shown on an adopted Downtown Sidewalk Usage Map. Items not strictly complying with minimum standards for such City functional items, e.., a decorative art bench) may be permitted through the public art process in AMC Chapter P.17. (Ord. 3192 § 91, amended, I I/17/2020; Ord. 3137, amended, 2017; Ord. 3028, amended, 08/03/2010; Ord. 2989, amended, 11/01/2009) 13.02.050Encroachment Permits r A. Permits Required for Encroachment; Exemptions. 1. Permits Required. It shall be unlawful for any person to do any of the following without first obtaining a encroachment permit from the Public Works Director: a. Erect or cause to be erected any structure, retaining wall, or fence in a public right-of-way, public easement, or public property, or b. Place or maintain any landscaping materials or any type of fill in, over or upon any dedicated public right-of-way, public easement or public property. c. Permits for a small wireless facility are subject to sections AMC Chapter 13.02.300 — 315. 2. Speci is Exemptions. Certain encroachments are exempt from the permit requirement of AMC 113.02.02 . Exempt encroachments are those which would have a minor impact on the present or planned use of the public right-of-way, public easement or public property and those which are expressly exempted herein. The following encroachments are exempt encroachments as long as they do not create a vision clearance hazard as defined in AMC 18.68.02 : a. Mailboxes and their enclosing structures, b. Temporary signs and banners permitted by the Sign Code (AMC 994 c. Guard/handrails along edges of driveway approaches, walks, stairs, etc. that encroach in public right-of-way, and d. Lawns, plants and approved street trees encroaching in public right-of-way that do not obstruct visibility for pedestrians, bicyclists and motorists. 3. Additional Exemptions. The Public Works Director may grant additional exemptions as long as the encroachment does not create a vision clearance hazard as defined in AMC 18,68.02 . B. Application and Fee Required. 1. Any person desiring to locate or maintain an encroachment shall submit an application to the Director of Public Works. The application shall include a description of the proposed encroachment and a scale drawing illustrating the nature and extent of the proposed encroachment and its relationship to adjoining properties. If the applicant is not the owner of the property that will be benefitted by the encroachment, the owner of the benefitted property shall also sign the application as a co -applicant. The Public Works Director may require an actual survey to determine the exact location of any public or private improvements that will be encroaching in the right-of-way. 2. A fee in the amount established by resolution of the City Council shall be paid at the time of the application. C. Review of Application. The Public Works Director shall conduct a review of the application for an encroachment permit to determine its compliance with the standards in AMC 13.02.06 , and the Public Works Director shall request comments from affected City departments, utility companies and agencies regarding the impact of the proposed encroachment. (Ord. 3040, added, 11/16/2010; Ord. 3028, amended, 08/03/2010; Ord. 3009, amended, 04/20/2010) 13.02.0605tandards and Conditions r The Public Works Director may approve the issuance of an encroachment permit for an encroachment where compliance with the following standards can be demonstrated or specific findings are made that the standard is not applicable. The Public Works Director may attach any conditions to the issuance of the permit that are required in any applicable planning approvals or reasonably related to ensuring compliance with this section, or other applicable City codes. A. Standards for Approval. 1. Horizontal clearances of at least five (5) feet shall be maintained on all sides of all utilities including electrical power, communications, sewer, storm drain, and water. This distance shall be measured between proposed encroachments and existing or proposed utility lines, manholes, appurtenances, and fixtures, including but not limited to fire hydrants, above ground transformers, cabinets, and other structures. Clearances around water meters shall be at least one (1) foot behind and two (2) feet from the sides when measured from the outside edges of the box. A larger horizontal clearance may be required if utilities mandate larger clearances for specific structures; for example, additional clearance may be required in front of electrical cabinets and transformers. Requests by utility providers for larger horizontal clearances or additional conditions shall be considered for inclusion into the permit. The applicant shall pay for relocation of the existing utility lines, manholes, appurtenances, and fixtures if this standard cannot be met. 2. Vertical clearances between utilities and natural landscape materials or structures placed below or above those facilities shall be the distance required by the affected utilities. Conditions requested by the utility providers shall be considered for inclusion into the permit. 3. Proposed encroachments, improvements and temporary measures shall not cover, prevent access to, or block the flow of water into inlets, basins, ditches, or drainage ways. Grading changes shall not otherwise alter the drainage patterns in the right-of-way without written approval of a grading and erosions control plan by the Public Works Director. 4. Sufficient space for off-street parking, loading, and pedestrian travel shall be maintained. The encroachment shall not result in a loss of area needed for parking, vehicular maneuvering, or pedestrian travel. 5. It is determined that the requested encroachment is consistent with the current use of the public right-of-way, easement or public property. B. Conditions. 1. When the Public Works Director determines that allowing the requested encroachment may subject the City to potential liability, a condition of permit issuance shall be the filing with the City Risk Manger of a policy of insurance and form of policy by an insurance company licensed to do business in the State of Oregon. The policy shall protect the City, its officers, agents, and employees, and the abutting property owners, lessees and tenants from any and all claims for injury or damage to persons or property that might result from the placing and/or maintenance of the permitted encroachment. The amount of the insurance policy shall be at least the limits of public body liability under the Oregon Tort Claims Act. The policy shall also contain a provision that the City Risk Manager shall be notified at least 30 days prior to any cancellation of such insurance. The permittee shall maintain the insurance for the term of the permit issued. Failure to maintain the insurance shall result in automatic revocation of the permit. 2. All work within the public right-of-way, public easement, or public property shall be consistent with engineering plans, profiles, specifications, and standards approved by the Public Works Director in accordance with City requirements. 3. The Public Works Director may place a limit on the time the proposed encroachment may be located in or on the right-of-way, public easement or public property. 4. To ensure that encroachments do not contribute to visual blight or create a safety hazard, conditions of permit approval may include a requirement that the encroachment be appropriately maintained. 5. The City may impose a charge for the use of the public right-of-way, public easement or public property. (Ord. 3040, added, 11/16/2010) 13.02.070Permit Issuance r A. The Public Works Director may approve, modify and approve, or deny the application for an encroachment permit. B. Ministerial decisions do not require interpretation or the exercise of policy or legal judgment in evaluating approval standards. Ministerial decisions include, but are not limited to, site plan approval of building or other specialty permits and final subdivision and planned unit development plans where there are no material deviations from the approved preliminary plans. Because no discretion is involved, ministerial decisions do not qualify as land use or limited land use decisions. The process requires no notice to any party other than the applicant. The Public Works Director's decision is final and not appealable by any party through the normal land use process. Ministerial decisions may be appealed as provided in AMC 13.02.04 . (Ord. 3040, added, 11/16/2010) I .13.02.090Revocation of Permits r All right-of-way, easement or public property encroachment permits shall be revocable by the City at any time such revocation would be in the public interest. No grant of any permit, expenditure of money in reliance thereon, or lapse of time shall give the permittee any right to the continued existence of an encroachment or to any damages or claims against the City arising from a revocation. Any permit issued under this section shall be automatically revoked if the permittee fails comply with any conditions of the permit, or fails to begin installation of the allowed encroachment within ninety (90) days after issuance of the permit unless an extension is requested prior to the expiration of the ninety (90) day period. (Ord. 3040, added, 11/16/2010) 13.02.100Removal of Encroachment r Upon revocation, the permittee or any successor permittee shall, at the permittee's own expense, remove the permitted encroachment within thirty (30) days after written notice has been provided by the City unless a shorter period is specified in the notice of revocation. If the permittee does not remove the encroachment and return the right-of-way, public easement or public property area to a condition satisfactory to the Public Works Director, the City shall do so and the permittee shall be personally liable to the City for any and all costs of returning the right-of-way, public utility easement or public property to a satisfactory condition, including the removal of structures and reconstruction of streets and/or pathways. If the permittee fails to pay the City for the costs incurred after the City bills permittee, the costs shall be imposed as a lien upon the property. Payment of such costs shall not prevent the City from pursuing any other remedy available at law or pursuing any other penalty. (Ord. 3040, added, 11/16/2010) 13.02.110Liability r The permittee, and owner of the benefitted property if different than the permittee, shall be liable to any person who is injured or otherwise suffers damage by reason of any encroachment allowed in accordance with the provisions of this section. Furthermore, the permittee shall be liable to the City of Ashland, its officers, agents and employees, for any judgment or expense incurred or paid by the City, its officers, agents and employees, by reason of the existence of an approved encroachment. (Ord. 3040, added, 11/16/2010) 13.02.1300bligations of the City of Ashland r The exercise of jurisdiction and regulatory control over a public right-of-way by the City is not official acceptance of the right-of-way for public access and does not obligate the City to open or improve any part of the right-of-way. Upon improvement of any public right-of-way to city street standards, the City shall accept by resolution the improvement and maintain and repair such improvement to the standard to which it has been improved. For purposes of nuisance -type ordinances imposing obligations upon property owners, (e.g. snow removal, weeds and noxious vegetation, sidewalk maintenance) the City shall be responsible for compliance with such ordinances in public rights -of -way adjacent to or abutting city -owned or controlled real property. (Ord. 3040, amended, 11/16/2010) 13.02.20OAppeals r The Uniform Administrative Appeals Process outlined in AMC E.-A shall apply to all protests of encroachment permits. Failure to strictly comply with the applicable appeal requirements, including but not limited to the required elements for the written notice of appeal, time for filing of the notice of appeal, and payment of the applicable appeal fee, shall constitute jurisdictional defects resulting in the summary dismissal of the appeal. The Hearing Officer's decision is final and not appealable by any party through any land use process. The Hearing Officer's decision may only be appealed through a writ of review proceeding in Jackson County Circuit Court. (Ord. 3137, amended, 2017; Ord. 3040, added, 11/16/2010) 13.02.300 Standards For Small Wireless Facilities In The Rights -Of -Way. Where otherwise not provided in or contrary to this subsection for Wireless Facilities, all other provisions of AMC 13.02 Public Rights of Way remain applicable. The city will adopt additional specific design guidelines periodically for Small Wireless Facilities by resolution to remain responsive to changing laws and technology. 13.02.301 Permitted Use; Application and Fees (A) Permitted Use. The following uses within the rights -of -way shall be a permitted use, subiect to compliance with the city's applicable design standards, administrative review only and issuance of a permit as set forth in this Chapter: (1) Collocation of a small wireless facility; and, (2) Placement of a new, modified, or replacement pole to be used for collocation of a small wireless facility. (B) Permissions Required. Except as otherwise provided in this Chapter, no person shall place any small wireless facility described in Section 3(A) in the rights -of -way, without first filing an application for the facility and obtaining a city's permit, license, or agreement. (C)Application Requirements. Application requirements and forms are subiect to AMC 13.02.050 (B) and (C). (D) Routine Maintenance and Replacement. An application shall not be required for: (1) routine maintenance; or (2) the replacement of a small wireless facility with another small wireless facility that is the same, substantially similar or smaller in size and weight and height. The City may require a permit for work within the right of way. Such a permit must be issued to the applicant on a non-discriminatory basis upon terms and conditions applied to any other person performing similar activities, regardless of technology, in the ROW. (E) The City shall have the right to employ qualified city staff or third -party RF engineer to conduct an annual random and unannounced test of small wireless facility installations located within the City to certify their compliance with all FCC radio -frequency transmission power limits as they pertain to exposure of the general public at maximum operating power. The reasonable cost of such tests shall be paid by the Permittee. (1) In the event that such city or independent tests reveal that any small wireless is transmitting RF radiation or is contributing to RF radiation in excess of FCC exposure guidelines as they pertain to the general public, the City shall notify the Wireless Provider and all residents living within 1500 feet of the small cell installation(s) of the violation, and the Wireless Provider shall have forty-eight (48) hours to bring the SCF(s) into compliance. Failure to bring the SCF(s) into compliance and the Citv shall have the right to require the removal of such installation(s), as the City in its sole discretion may determine is in the public interest. (F) Information Updates. Any amendment to non -material information contained in an application shall be submitted in writing to the City within thirty (30) days of the chan(e. (G)Application Fees. Application fees shall be set by resolution, but in no case shall fees exceed the following: (1) $500 for up to the first five small wireless facilities in the same application, with an additional $100 for each small wireless facility beyond five in the same application, or fees that are (1) a reasonable approximation of costs, (2) those costs themselves are reasonable, and (3) are nondiscriminatory. (2) $1000 for the installation, modification or replacement of a pole together with the collocation of an associated small wireless facility in the rights -of -way that is a permitted use in accordance with this Chapter, or fees that are (1) a reasonable approximation of costs, (2) those costs themselves are reasonable, and (3) are nondiscriminatory.] 13.02.303 Action on Administrative Permit Applications On Wireless Facilities (A) The City must process all applications on a nondiscriminatory basis and may deny an application subiect to this Chapter if the proposed small wireless facility or new, modified, or replaced pole: (1) Fail to comply with AMC 13.02.060 Standards and Conditions. (2) Materially and demonstrably interferes with sight lines or clear zones for transportation or pedestrians; (3) Materially fails to comply with the Americans with Disabilities Act or similar federal, state, or local laws, standards and regulations regarding pedestrian access or movement; (4) Fails to comply with applicable codes, standards and regulations, including the City's design standards; or (5) Fails to comply with the provisions in this AMC 13.02.300 — 315. (B) The City must act on an application within the applicable shot clock and provide written notice to the applicant if the application is denied. The written notice shall state the reasons for denial, with reference to specific code provisions, ordinance, application instruction or otherwise publicly stated procedures on which the denial was based, and be sent to the applicant within five (5) days after the City denies the application or before the applicable shot clock expires, whichever occurs first. (C) Batch Applications. 13.02.305 Small Wireless Facilities in the ROW; Maximum Height; Other Requirements (A) Maximum Size of Permitted Use. Any wireless provider that seeks to install, modify, or replace facilities on a pole in the rights -of -way that exceeds the height limits contained in Section 13.02.010(2)(R), shall be subiect to applicable requirements. (B) Decorative Poles. Subject to this code and applicable design standards, a wireless provider is permitted to collocate on or replace a decorative pole when necessary to collocate a small wireless facility; provided that any such replacement pole shall, to the extent feasible, replicate the design of the pole being replaced. (C) Historic District. Small wireless facilities or poles to support collocation of small wireless facilities located in Historic Districts shall be designed to have a similar appearance, including coloring and design elements, if technically feasible, of other poles in the rights-of-wav within 500 feet of the proposed installation. Any such design or concealment measures may not be considered part of the small wireless facility for purpose of the size restrictions in the definition of small wireless facility. 13.02.307 Effect of Construction/Work Permit (A) Permit Duration. (1) A permit for construction granted pursuant to this Section shall be valid for a period of days after issuance unless the City agrees to extend this period for good cause, including but not limited to delay caused by the lack of commercial power or communications facilities, or by other events outside of the reasonable control of the wireless provider. (2) The installed facility is subiect to applicable relocation requirements, termination for material non-compliance after notice and a reasonable opportunity to cure, and an applicant's right to terminate a permit at any time. 13.02.309 Removal, Relocation or Modification of Small Wireless Facility in the ROW A. Notice. Notice of removal of encroachment is subiect to AMC 13.02.100. B. Removal or relocation of Facilities. If the City plans a project that would require utilities that includes small wireless facilities (together, the "parties") to remove or relocate their facilities that are located in the highway right of way, the citv shall notify affected parties of the project in writing as soon as is practicable. The city will coordinate with the affected parties to discuss the proiect's scope, planning, design phase, costs, and schedule to minimize or eliminate costs to the public body and the parties. The city is not required to avoid or minimize costs to the parties in a way that materially affects performance of the proiect. C. Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any small wireless facility located within the rights -of -way of the City in the event of an emereencv, as the City may determine to be necessary, appropriate or useful in response to any imminent daneer to public health, safety, or property. If circumstances permit, the City shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cuttine or removing a facility and shall notify the wireless provider promptly after cutting or removing a small wireless facility. D. Damage and Repair. The City may require a wireless provider to repair all damage to the rights -of -way directly caused by the activities of the wireless provider and return the rights -of -way to its functional equivalence before the damage pursuant to the competitively neutral, reasonable requirements and specifications. If the wireless provider fails to make the repairs within days after written notice, the City may affect those repairs and charee the applicable party the actual, documented cost of such repairs. E. Abandonment of Facilities. Any small wireless facility that is no longer in use shall be removed by the Permittee within 30 days of deactivation. 13.02.311 Collocation on City Structures in the ROW (A) Collocation on City Structures. Small wireless facilities may be collocated on city structures in the rights -of -way pursuant to this Chapter. No person will be permitted an exclusive arraneement or an arraneement which excludes otherwise qualified applicants to attach to city structures in the rights -of -way. A person who purchases or otherwise acquires a City structure is subiect to the requirements of this section. (b) Make -Ready. The rates, fees, terms and conditions for the make-ready work to collocate a small wireless facility on a pole owned or controlled by the City must be nondiscriminatory, competitively neutral, reasonable, comply with this Chapter and be subiect to the following: (1) The City or any person owning, managing, or controlling the poles owned by the City will provide a good faith estimate for any make-ready work reasonably necessary to make a specific city pole suitable for attachment of the requested small wireless facility, including pole replacement if necessary, within 60 days after receipt of a completed request. Make-ready work including any pole replacement shall be completed within 60 days of written acceptance of the good faith estimate by the applicant. (2) The City or any person owning, managing, or controlling the poles owned by the city shall not require more make-ready work than required to meet applicable codes or may be reasonably necessary to avoid interference with other attachments on the pole. Fees for make-ready work shall not include costs related to pre-existing or prior damage and non-compliance. Fees for makeready work including any pole replacement shall not exceed actual and direct costs, or the amount charged to others for similar work and shall not include any revenue or Contingency based consultant fees or expenses of any kind. 13.02.315 Rates for ROW and Collocation on City Structures in the ROW (A) The recurring rate for use of the ROW and attachment of small wireless facilities to a CitV structure in the ROW shall be subject to the followine requirements: (1) Annual Rate. A wireless provider authorized to place small wireless facilities and any related pole in the rights -of -way will pay to the City compensation for use of the rights -of -way and collocation on city structures in the ROW a rate that is based on (1) a reasonable approximation of costs, (2) those costs themselves are reasonable, and (3) are non-discriminatory. This rate, together with the one-time application fees, shall be the total compensation that the wireless provider is required to pay the city for the deployment of each small wireless facility in the ROW and any associated pole. The FCC's safe harbor rate is an aggregate annual rate not to exceed $270 per small wireless facility. This fee is subject to change (2) Payment Obligation Upon or After Facility Removal. A wireless provider may remove one or more of its small wireless facilities at any time from the rights -of - way and city structures in the ROW with the required permits. The wireless provider will cease owing the City compensation, as of the date of removal, for such removed facilities. ID.02.900Penalties r Any person who violates any provision of this Chapter is subject to Section 1.08.02 of the Ashland Municipal Code. In addition to other legal and equitable remedies available to the City of Ashland: A. Unless otherwise provided herein, violation of any section of this chapter AMC 13.02 is a Class II violation. B. A knowing violation of 13.02.04 is punishable of not more than 30 days jail and/or $500 fine. (Ord. 3137, amended, 2017) 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 July, 2022, and duly PASSED and ADOPTED this day of August, 2022. Melissa Huhtala, City Recorder SIGNED and APPROVED this day of August, 2022. Julie Akins, Mayor Reviewed as to form: Douglas M McGeary, City Attorney