HomeMy WebLinkAbout2023-01-17 Council MeetingASHLAND CITY COUNCIL
BUSINESS MEETING AGENDA
Tuesday, January 17, 2023
Council Chambers, 1175 E. Main Street
View on Channel 9 or Channels 180 and 181 (Charter Communications) or live stream via
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HELD HYBRID (Limited In -Person Social Distancing Seating and Zoom Meeting Access)
For written public testimony, email public-testimony@ashland.or.us using the subject line: Ashland
City Council Public Testimony.
For public oral testimony, fill out a Speaker Request Form at ashland.or.us/speakerrequest and return
to the City Recorder.
6:00 PM Regular Business Meeting*
I. CALL TO ORDER
1. Land Acknowledgement**
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
1. Special Called Townhall Meeting Update
o Date change to Monday, Jan. 30, 2022, 5:30 PM-8:30 PM, Ashland Armory
o Mayor's State of the City Address
2. City Council Liaison Appointments
V. APPROVAL OF MINUTES ***
1. Mi of the -December 6, 2022 - Business Meeting
VI. SPECIAL PRESENTATIONS
1. Severe Weather Emergency Shelter Next Steps
VII. CITY MANAGER REPORT
VIII. PUBLIC FORUM (15 minutes)
IX. CONSENT AGENDA
1. Approval of a Liquor License from Mas Southern Oregon LLC
X. PUBLIC HEARINGS
1. Public Hearing and First Reading of Ordinance 3217 - Middle Housing Land
Division Ordinance
2. Public Hearing and First Reading of Ordinance 3205 - Housing in Employment
Lands Code Amendments
XI. UNFINISHED BUSINESS
1. Professional Services Contract with RH2 Engineering for the design of
Talent -Ashland -Phoenix (TAP) Intertie System Improvements
XII. NEW BUSINESS
1. Chair of the City Council Election
2. City Council Liaison Roles
3. Citizens Budget Committee Appointments
4. 2023-2025 Biennial Budget Calendar & Protocols
5. City Communication Planning Status and Next Steps
6. City Council Compensation
XIII. ORDINANCES, RESOLUTIONS AND CONTRACTS
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, hops://www.ashland.or.us/Agendas.asp . 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).
ASHLAND CITY COUNCIL
BUSINESS MEETING
DRAFT MINUTES
Tuesday, December 6, 2022
I. CALL TO ORDER
Mayor Akins called the meeting to order at 6:00 PM.
II. PLEDGE OF ALLEGIANCE
Councilor Hyatt led the Pledge of Allegiance.
III. ROLL CALL
Councilors' Hyatt, Graham, Moran, DuQuenne and Jensen were present. Councilor Seffinger
was absent.
IV. MAYOR'S ANNOUNCEMENTS
Councilor Graham read the Land Acknowledgement.
V. APPROVAL OF MINUTES
1. Minutes of the October 31, 2022, Study Session Meeting
2. Minutes of the November 1, 2022, Business Meeting
Graham/Hyatt moved to approve the minutes. Discussion: None. All Ayes. Motion passed
unanimously.
I. SPECIAL PRESENTATIONS
1. Band Director Recognition
Jensen asked that agenda item be moved to a future Agenda due to the absence of the Band
Director.
Mayor Akins spoke she would be moving Agenda Item #3. Severe Weather Emergency Shelter
up in the agenda.
I. PUBLIC FORUM
Miriam Reed -Ashland -Spoke regarding the damage of radiation and suggested Ashland be 5G
free.
Kelly Marcotulli-Ashland-Spoke against 5G. She spoke regarding the upcoming Ordinance to be
approved by Council.
D'vorah Swanzman -Ashland- Spoke against 5G. Spoke requesting to work on making a healthy
environment in Ashland and be 5G free.
I. Mayor Akins moved ORDINANCES, RESOLUTIONS AND CONTRACTS
Page 1 of 8
Item # 3 Severe Weather Emergency Shelter to the next item.
Severe Weather Emergency Shelter
a) Resolution on Severe Weather Emergency Shelter Policy
City Manager Joe Lessard provided the background on the item. Echo Fields, the Housing and
Human Services Commission chair provided further background. She explained the need for
appropriate shelter for the homeless will increase over time during winter, summer, and periods
of intense smoke.
Hyatt confirmed the summer temperature was 95 degrees. Mr. Lessard clarified due to budget,
resources, and locations, opening shelters for winter, summer and smoke was a standard and not
guaranteed.
Public Testimony
Rich Rohde -Ashland -Supported passing the measure as written. He explained there were three
key parts, the activation schedule, communication, and a collaborative debrief following each
shelter period.
Hyatt/Graham moved to approve Resolution 2022-33 that supersedes all prior inclement
weather policies and sets forth new and comprehensive thresholds for calling an emergency
shelter in the instances of severe weather events and outlines a process for enacting a
shelter and defines the City's role in that process with the two amendments temperature
and inclusion of our youngest citizens.
Discussion: Hyatt noted Council had discussed the emergency manager at the Study Session the
night before and it included elements around this policy. She spoke that it would take significant
effort to coordinate. Graham noted that this was a good example of Council and Commission
working well.
Lessard clarified calling for a shelter operation did not guarantee the shelter would open. It was
a volunteer effort and there would. be nights where they would not be enough volunteers to
support opening a shelter. Roll Call Vote: Graham, Hyatt, Jensen, DuQuenne, and Moran:
YES. Discussion: None. Motion passed unanimously.
b) Resolution Authorizing Contracts for Severe Weather Emergency
Shelter Services for a not to exceed total of $100,00
Lessard gave a Staff Report.
Mayor Akins questioned whether or not the City would be entering into a contract with OHRA.
Housing Program Specialist Linda Reid answered yes. Reid went over the details and history.
Council discussed cost.
Hyatt/Jensen moved to authorize the City Manager to execute a contract with a nonprofit
organization for Emergency Shelter Coordination Services utilizing funding appropriated
for that purpose to cover the cost of the activity in an amount not to exceed $100,00.
Page 2 of 8
Discussion: Hyatt commented that it was difficult to target how much was appropriate because
it was based on the weather. She spoke to give Lessard the tools needed to execute the policy
and Council can revisit the Policy if needed. Roll Call Vote: Moran, DuQuenne, Jensen,
Hyatt, and Graham, YES. Motion passed unanimously.
c) Resolution 2022-34 Budget Amendment for Severe Weather
Emergency Shelter Services
Deputy City Manager Sabrina Cotta explained the Resolution authorized transferring from
contingency of the general fund to allow appropriation of the money for the shelter policy.
Councilor Graham wanted to know where the funds would come ongoing. Lessard replied they
were looking for an alternative permanent shelter location solution.
Jensen/DuQuenne moved to adopt Resolution 2022-34 authorizing a 2021-23 BN
supplemental budget amendment for severe weather emergency shelter services.
Discussion: None. Roll Call Vote: Councilor Graham, Hyatt, Jensen, DuQuenne, and
Moran, YES.
Motion passed unanimously.
II. CITY MANAGER REPORT
City Manager Joe Lessard went over the City Manager Report. Items discussed were:
• Emergency Weather Shelter
• Holiday Luncheon
Moran addressed Measure 15-211 and asked how the city would fill the gap. Lessard explained
they would discuss next steps during a future study session.
Graham addressed Utility Billing Division being short staffed. Lessard confirmed that while
billing was late, the public would not incur late fees. He explained City Hall remained closed to
the public and Utility Billing had moved temporarily to another building; however the public
could drop off payments at City Hall or the kiosk next to the Council Chambers Building.
Council discussed future options for City Hall.
Council and Staff discussed Health Insurance for Elected Officials.
Acting City Attorney Doug McGeary explained there is no source document.
Council and Staff discussed having the constituents vote on this issue.
Councilor Jensen called for a point of order stating this item was not on the agenda. Mayor Akins
explained she had requested the topic as an agenda item, and it was not added. This was an
emergency as healthcare benefits would cease December 31, 2022. The Mayor would not honor
the point of order.
Page 3 of 8
Councilor Jensen appealed the Mayor's ruling.
Mayor Akins requested a Roll Call vote on whether Council upheld the point of order.
Roll Call Vote: Hyatt, Graham, Jensen, YES; Moran and DuQuenne, NO.
Moran stated if they Council would not be allowed to speak to this he would excuse himself and
leave. Acting City Attorney Doug McGeary explained the vote needed a two-thirds majority
vote. Mayor Akins noted the point of order did not stand and Council continued to discuss the
item.
Council and Staff discussed options and cost implications.
Mayor Akins spoke to the importance of mutual care to this body regarding health benefits.
Council requested that Staff bring this item back within 90 days for discussion.
III. CONSENT AGENDA
1. Transportation Advisory Committee Appointments
2. Rogue Valley Transportation Improvement Funding Letter of Support
3. Resolution 2022-36 Suspending Ordinances Affecting City Commissions
Transitioned to Advisory Committees
4. Declaration and Authorization to Dispose of Surplus Property
5. Professional Services contract with GSI Water Solutions Inc. for the development
of the Water Management and Conservation Plan (WMCP)
6. Approval of Liquor License for Cocorico LLC
DuQuenne and Hyatt pulled Consent Agenda item number 3 for discussion.
Graham/Hyatt moved to approve the Consent Agenda items 1, 2, 4, 5 & 6. Roll Call Vote:
Hyatt, Jensen, Moran, Graham, and DuQuenne: YES. Discussion: None. Motion passed
unanimously.
City Manager Joe Lessard gave a Staff Report regarding Resolution 2022-36.
Hyatt/Graham moved to adopt Resolution 2022-36 that suspends the operations of specific
City Commissions established in the Ashland Municipal Code that have transitioned to
Standing Advisory Committees or are currently not functioning.
Roll Call Vote: DuQuenne, Hyatt, Moran, Jensen, and Graham: YES. Discussion: None.
Motion passed unanimously.
IV. PUBLIC HEARINGS
Page 4 of 8
1. Annexation and Site Review - HWY 99: PA-T3-2022-0004
Mayor Akins read from a script regarding the land use public hearing (see attached).
Mayor Akins opened the hearing at 7:57 PM.
Abstentions, Conflicts, Ex Parte Contacts
Councilor Hyatt disclosed she was the Planning Commission Liaison, had heard discussion
regarding the planning action but it did not constitute an ex parte contact.
Staff Report
Interim Planning Director Brandon Goldman gave a Staff Report.
Goldman went over the process.
Senior Planner Derek Severson provided a presentation (see attached).
Items discussed:
• Annexation Request
• Aerial Maps
• Photos of entry to the city and ditches
• Transportation Improvements
• Site Plan
• Site Plan with night photos
• Site Plan Photos night and day
• Site Plan and Illustration
• Underpass Area Site Plan and photo
• Underpass Improvement
• Photos, steep slopes, and public infrastructure beyond trestle at N. Main and OR HWY
• Engineers Drawings
• Sidewalk Terminates photo
• Crosswalk with Rectangular Rapid Flashing Beacon
• Street Standards Exception
• Cross Section Site Plan
• Vehicle Access Safety Evaluation
• Public Infrastructure Site Plan
• Site Development Plan
• Elevations
• Floor Plans can be modified to adjust affordable housing
• Subdivision Map
• Proposed Tree Removal
• Landscape & Open Space Site Plan
Ouestions of Staff
Page 5 of 8
Jensen questioned the railroad trestle ped crossing piece regarding west bound. Mr. Severson
explained the RR trestle restricted Highway 99 has a bike lane but no room for city standards
under the trestle. Tape constriction that meets ODOT safety standard and city standards,
exception. Bike Lane vertical barrier, p concrete barrier then sidewalk. ODOT cannot
adequately have a sidewalk there. Use multi use path with bike and ped then transition to bike
lane only. Applicant needs to finalize with ODOT with recognition they will find a safe way to
move through that area for bikes and peds with barrier.
Graham received comment letter regarding procedural issues. She questioned if Staff has
received this and if there are any concerns. Goldman spoke that Staff did receive these
comments and also provided them to the applicant so they can respond during rebuttal.
Applicant's Presentation
Robert Kendrick and Amy Gunter presented a PowerPoint Presentation (see attached).
Items discussed:
• Magnolia Terrace Appeal
• Site Layout
• Grounds for Appeal
• Zoning and Historic Overlays
• Underlying Zoning Standards
• Historic District Design Standards Compliance
Public Testimony
Matthew Havniear-Talent — Spoke that he is Housing Recovery Director for long term recovery
group in Jackson County. He spoke in support of the annexation and his reasons why. He spoke
that there is a housing crisis in the nation and housing should be considered a priority.
Applicant's Rebuttal
Gunter addressed the letter from Rogue Advocates. She addressed years of meetings and
correspondence with ODOT regarding transportation. The indication that improvements cannot
be approved by ODOT or will not be is not accurate. Horowitz is available to talk. She
explained that ODOT makes an approval. after the plan is approved by city.
Gunter explained the process.
Mayor Akins closed the Public Hearing and record at 9:07 PM.
Council Deliberation and Decision
Graham questioned the traffic study. Goldman explained the City will have to request and it
would come through the Public Works Director.
DuQuenne/Hyatt moved to approve first reading of the Ordinance and scheduling a second
reading of the Ordinance for December 20, 2022 and directed Staff to prepare written
findings for approval of the proposed Annexation, incorporating the Planning
Commission's decision and the Staff recommendations, for Council's adoption on
December 20, 2022. DISCUSSION: DuQuenne agreed there is a need for additional housing,
and this is a beginning of something she hoped would continue. Hyatt spoke to the needs for
Page 6 of 8
middle housing. Graham spoke to the importance to looking at climate work and is pleased to
see is that climate is integrated throughout the project. Mayor Akins spoke that she is pleased
the progress. Roll Call Vote: Councilor Moran, Hyatt, Jensen, Graham, and DuQuenne,
YES. Motion passed unanimously.
V. UNFINISHED BUSINESS - None
VI. NEW AND MISCELLANEOUS BUSINESS - None
VII. ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Resolution 2022-35 Canvassing the Vote for the November 8, 2022, General
Election
Acting City Attorney Doug McGeary suggested the amendments to the motion.
Hyatt/Graham moved to amend Resolution 2022-35 as written, to renumber Section 7
through Section 10, and add 7 to say read to say Justin Adams is declared to be the duly
Parks Commissioner for position number 4, and add Section 9 to declare Measure 15-210 is
declared to not be approved; and add section 10 to declare Measure 15-211 is declared to
not be approved; and add Section 11 to read: This Resolution was duly passed and
approved this 6' of December, 2022 and takes effect upon signing by the Mayor.
Discussion: None. Roll Call Vote: Councilor DuQuenne, Moran, Graham, Jensen, and
Hyatt, YES. Discussion: None. Motion passed unanimously.
2. Second Reading SDC Committee Recommended Ordinance Updates for
Multi -Family Developments
Public Works Director Scott Fleury gave a brief Staff Report.
Councilor Jensen/Graham moved to approve second reading of Ordinance Number 3214
and advance it to enactment. DISCUSSION: Jensen spoke in appreciation of Staff. Roll Call
Vote: Councilor Jensen, DuQuenne, Hyatt, Moran, and Graham, YES. Motion passed
unanimously.
3. Severe Weather Emergency Shelter
This Item was moved after Public Forum (see above).
VIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
None.
IX. ADJOURNMENT OF BUSINESS MEETING
Graham/DuQuenne moved to adjourn the meeting. Discussion: None. All Ayes. Motion
passed unanimously.
Page 7 of 8
Meeting adjourned at 9:21 p.m.
Respectfully Submitted by:
City Recorder Melissa Hubtala
Attest:
Mayor Akins
Page 8 of 8
PROCEDURE FOR PUBLIC HEARING FOR ANNEXATION HEARING: 1511 HIGHWAY 99N
READ ALOUD ALL IN BLUE
FOLLOW THE STEPS AND ASK EACH QUESTION IN FULL
1. CALL TO ORDER
The public hearing is now open. The applicant is requesting annexation of 16.86 acres located at 1511
Highway 99 North into the City of Ashland, along with 6.6 acres of adjacent state highway right-of-
way and 7.68 acres of adjacent railroad property. The property is currently located in Jackson
County and zoned Rural Residential (RR-5). With annexation, these properties would be brought
into the City as Low Density, Multi -Family Residential (R-2) with a base density of 13 V2. dwelling
units per acre. The application also includes land use requests for Outline Plan subdivision
approval to create 12 lots; Site Design Review to construct 230 apartments in ten buildings including
at least 38 affordable units; Exceptions to the Street Design Standards; and two Tree Removal
Permits. The Planning Commission has reviewed and approved these land use components subject
to the Council's approval of the annexation, and has recommended that the Council approve the
annexation. Tonight's proceedings include the annexation hearing and first reading of an Ordinance
annexing the property.
The Council will take a few moments to cover some preliminary matters and required statements.
Generally, the following procedure will be used in this hearing:
1. Preliminary Matters and Required Statements
2. Staff Report
3. Applicant's Presentation
4. Those wishing to provide testimony
5. Rebuttal by the Applicant
6. Close Public Hearing & Record
7. Advice from Legal Counsel and staff, and
8. Council Deliberation and Decision.
If you wish to participate in this hearing, including challenges for bias, prejudgment or conflict of interest,
you must complete a speaker request form located at the back of the room and deliver them to the City
Recorder. Please do so immediately.
Challenges will be addressed after the reading of the required statements.
Presentations are generally limited to 15 minutes for the applicant and five minutes for testimony, however
these may be adjusted if necessary to accommodate the number of those wishing to testify. When recognized
by the presiding officer, please come forward to the podium, give your name, address and make your
statement. If presenting documents at the time of your statement, these will be considered exhibits. Please
submit these to the City Recorder as part of the record when you have completed your statement. Councilors
may ask questions of staff and participants without affecting time limits.
2. ABSTENTIONS, CONFLICTS, EX PARTE CONTACTS
Do any members of the council wish to abstain, declare a conflict of interest or report any ex parte contact
on this matter?
If contacts are reported, consider the following:
a. Ex parte communications: If a member has had ex parse communication the substance of the contact must
be disclosed. The presiding officer and other members must listen to the disclosures to ensure the member
places the substance of the ex parte communication on the record. The presiding officer should question
the member if the disclosure of the written or oral communication is not complete. If the presiding officer
fails to do so, a member may request a more full disclosure (point oforder). Legal counsel will also monitor
Pagel of 3
the disclosure.
After disclosure of an ex parte contact, (or potential conflict of interest or after a challenge for bias (see
below) the member should make the following fflrmative statement of impartiality:
"I have not prejudged this application and I am not prejudiced or biased by my prior contacts
or involvement or by any personal considerations; I will make this decision based solely on the
public interest and the application of the relevant criteria and standards to the facts and
evidence in the record of this proceeding."
After ex parte disclosure the following must be announced by the presiding officer:
Any person has the right to rebut the substance of the evidence or information disclosed. Please present your
rebuttal evidence on the substance of any ex parte contacts during the normal time allowed for testimony
which has been established for this proceeding. Please reduce any bias, conflict of interest and prejudgment
challenges to writing with supporting evidence and provide these to the City Recorder
b. Con ict of Interest.• If a member has an actual or potential Conflict of Interest, the member must both
announce the conflict and explain the nature of the conflict. If the Conflict is only a potential conflict the
member may participate and vote. If the Conflict is an actual conflict, the member must also announce that
the member will not be participating or voting. The member should leave the room to avoid accusations of
non-verbal communication. (The only exception to not voting (for the City Council] is for necessity). After
disclosure ofpotential conflict of interest the member should make an affirmative statement ofimpartialitE.
c. Actual personal bias, prudgment: If a member is actually personally biased, that is, the member cannot
make the decision based upon applying the relevant Code standards to the evidence and argument
presented, the member must announce the nature of the bias and also announce that they will not be
participating or voting. The member should leave the room to avoid accusations of non-verbal
communication. (see also Challenges below) Remember, if a member refuses to disqualify him or herself,
the Council, for the hearings before the Council, shall have the power to remove such member for that
proceeding.
2. READ THE FOLLOWING STATEMENT (pursuant to the City Land Use Code and ORS
197.763(5). (City Recorder will read the following)
(1) The following is a list of the Ashland Municipal Code applicable substantive criteria for this
application:
• The criteria for Annexation are described in AMC 18.5.8.050.
• The criteria for Outline Plan approval are described in AMC 18.3.9.040.A.
• The criteria for Site Design Review approval are described in AMC 18.5.2.050
• The criteria for a Tree Removal Permit are described in AMC 18.5.7.040.B.
• The criteria for an Exception to Street Standards are described in AMC 18.4.6.020.B.1.
• The requirements for a City Ordinance are described in Article 10 of the City Charter.
(2) All testimony, arguments and evidence must be directed toward the applicable substantive
criteria, or such other criteria in the Plan or Land Use regulations which the speaker believes
applies to the decision.
(3) Failure to raise an issue accompanied by statements or evidence sufficient to afford the decision
maker and the parties an opportunity to respond to the issue precludes appeal to'the Land Use
Board of Appeals on that issue.
(4) Failure of the applicant to raise constitutional or other issues related to proposed conditions of
approval with sufficient specificity to allow the decision maker to respond to the issue precludes
any action for damages in Circuit Court.
Page 2 of 3
3. CHALLENGES
City Recorder, do we have any written challenges to members of this hearing body for bias,
prejudgment or conflict of interest?
If a challenge is made, the challenge needs to be entered into.the record and summarized by the
presiding officer or legal counsel. The presiding officer, the challenged member and if necessary, the
hearing body, will make a determination as how to proceed, including the power to override a
member's own decision and remove a member.
There is no opportunity for individuals to disrupt proceedings by making out of order oral
presentations or interrogating members under the guise of conflict of interest, prejudgment and bias.
If a member is challenged for bias, the following statement should be made:
"I have not prejudged this application and I am not prejudiced or biased by my prior contacts
or involvement or by any personal considerations; I will make this decision based solely on the
public interest and the application of the relevant criteria and standards to the facts and
evidence in the record of this proceeding."
4. STAFF REPORT
Brandon & Derek, please come forward to the podium to present the staff report.
5. APPLICANT'S PRESENTATION
Would the applicant team please come to the podium, state your names, addresses and make any comments
you may have for the council regarding the application?
"*Applicant is given 15 minutes to present proposal, at 14 minutes they will be asked to conclude their remarks.
6. THOSE WISHING TO PROVIDE TESTIMONY — IN FAVOR AND OPPOSED
"I will now call forward those who have filed testimony request forms or requested to speak via Zoom. Each
person will have 5 minutes. When you are called to speak, please state your name, address and make any
comments you may have for the council regarding the application. If you have any documents to be
submitted into the record, please deliver them to the City Recorder."
7. REBUTTAL BY THE APPLICANT
Does the applicant have any rebuttal?
*"Applicant will be given 5 minutes of rebuttal time, after which the public hearing portion will be closed
S. CLOSE PUBLIC HEARING
At this time, I will close the public hearing and the record for this application.
9. ADVICE FROM LEGAL COUNSEL AND STAFF
Does the council have any questions of staff or does the staff have any matter they wish to respond to?
10. COUNCIL DELIBERATION AND DECISION
"Is there a motion to begin council deliberation?
Page 3 of 3
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/1hJhJEXAT|OhJ REQUEST
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CROSSWALK WITH
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• New pedestrian crosswalk with a Rectangular Rapid
Flashing Beacon (RRFB) has been proposed S of N
Main and N of Schofield leading to the northbound
bus stop.
• RRFB's increase motorist yielding rates because the
lights are controlled by the pedestrian's presence
and do not turn off until they are safely out of the
crosswalk.
• RRFB crosswalks provide a safe pedestrian and
bicyclist crossing for all the residents in north
Ashland where none existed before.
• Safe pedestrian access by crossing Hwy 99 to access
the North & South bound bus stops and to access
Grand Terrace.
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DEMONSTRABLE DIFFICULTY IN MEETING THE SPECIFIC REQUIREMENTS OF THIS
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VEHICLE ACCESS SAFETY EVALUATION
CRITERIA FOR SAFETY ACCESS EVALUATION
SIGHT DISTANCE, STOPPING DISTANCE, AND
INTERSECTION SIGHT DISTANCE
• Sight Distance:
• A safe, clear line of sight exists at the
driveways.
• The application has the clear line of sight
required for all conditions.
• Stopping Sight Distance (SSD):
• Stopping sight distance exceeds requirements.
• SSD based on speed of roadway. As per
AASHTO the required SSD is 360 feet for
vehicles traveling over 45 MPH. The measured
available SSD measured over 700 feet in both
directions.
• SSD exceeds the minimum required distance.
• Intersection Sight Distance
• Safe reaction time to turn exceeds required
distance.
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ADDITIONAL
INFORMATION
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Kelly Sandow PE, of Sandow Engineering, LLC has evaluated the impacts of the proposal.
Key findings of theTlA include — these are addressed in the Technical Memorandum and theTlA Review
Response Letter from ODOT dated May 7, 2020:
❑ The TIA shows all studied intersections (Hwy 99N at South ValleyView, Highway 99N at Jackson Road,
North Main Street at Jackson Road, North Main Street at Maple Street, and Hwy 99N at the project access
points) will meet the mobility standards through the Year 2034 with the addition of the traffic associated
with anticipated development of the subject property.
❑ The addition of development traffic will not substantially increase queuing conditions over the
background conditions.
❑ All site driveways are projected to operate safely and efficiently.
❑ The TIA recommends that Highway 99N be restriped to include a left -turn lane for vehicles entering the
site.
❑ The TIA review by ODOT concludes that the Transportation Planning Rule (TPR) has been met.
ODOT SPEED STUDY
The 2021 Speed Zone Investigation (SZI) was requested by ODOT District 8 Maintenance Management for the reason,
"District 8 has received numerous complaints about the safety of this section of roadway and is requesting a SZI to see if a
slower speed is warranted and due to the context of roadwaychanging near the intersection of Sheridan Street the speed
change of 25/35 should be placed according to this context change. ".
Irwcsboation.
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Denotes development area IIW2021
Investigation resulted in no changes to speed zones in vicinity of
proposed development as shown in the summary diagram above.
ORS 222.170
-CONTIGUITY THROUGH CONSENT AT A
PUBLIC HEARING
The applicant proposes that the Council process, as provided in state law (ORS 222.170), an annexation by consent
through a public hearing which may be approved without requiring an election, when: more than one-half of the
owners with land in the area to be annexed consent to the annexation; owners of more than one-half the land in the
area to be annexed consent to the annexation; and that the land represents more than one-half of the total assessed
value in the area to be annexed, an annexation can be approved.
ORS 222.170(4) addresses when one of the properties in the election for consent is owned by the public, is right-of-way
for a utility... or railroad, or is exempt from ad valorem taxation shall not be considered when determining the number of
owners, the area of land or the assessed valuation required to grant consent to annexation, unless the owner of such
property files a statement consenting to or opposing the annexation with the legislative body of the city on or before
the day the public hearing is held.
The annexed area of the subject properties and the ODOT right-of-way is substantially more land area than the property
controlled by the railroad company.
ORS 222.170 provides contiguity with the majority of the owners in favor of annexation before a public hearing.
AMC 18.5.8.060 has been used numerous times over the years to reach across the railroad property and annex it into
the city to provide a more logical and orderly expansion of the boundaries of the city.
City of Ashland Charter, Article 1, Section 3, Boundaries. This states that the City Council has the power to modify the
boundaries.
The specific ground for which the decision should be
reversed or modified is Application of the Historic
District Development Standards in Transitional Areas
Denial on this grounds is an error because the
applicable criteria or procedure in the Ashland
Municipal Code 18.4.2.050 states that projects at the
boundary between zones or overlays may have
appropriate adjustments considered, but the
underlying zoning standards and requirements
applicable to the subject property must be kept in
sight.
UNDERLYING ZONING STANDARDS
SUBJECT PROPERTY, ADJACENT PROPERTIESTO
SOUTH AND WEST
18.2.6 STANDARDS FOR NON-RESIDENTIAL
ZONES
Purpose: 18.2.6 sets forth lot and development
standards, including minimum dimensions, area, density,
coverage, structure height, and other provisions that
control the intensity, scale, and location of
development, for Ashland's base employment zones,
pursuant to the Comprehensive Plan and the purposes
of this ordinance.
No minimum lot area, lot width or lot depth
There is no minimum front, side, or rear yard
required, except where buildings on the subject
site abut a residential zone, in which case a side of
not less than 10 ft and a rear yard of not less than
10 ft per story is required.
Maximum height of 40-feet
Minimum Floor Area Ratio of V2 the acreage of
the property
Minimum Landscape area of I S%
Maximum coverage area of 8S%
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HISTORIC DISTRICT DESIGN
STANDARDS COMPLIANCE
• AMC 18.4.2.050.E
• I.Transition Zone compliance
• 2. Height: All buildings are less than the j
maximum in the zone which is 40'.
• 3 & 4. Massing and Scale:
• The roofline has been cut back substantially
to reduce the massing of the overhang.
lQ. YOR •00! �
• The center bay of the third floor on
Buildings 3 and 4 steps back three feet from
the wall plane of the second floor and a,
shed roof has been added that emphasize
the step back. it '
• Recessed corners on ground floor to W
provide variation in the facade. 7i
HISTORIC DISTRICT DESIGN STANDARD
COMPLIANCE
• 6. Roof:The shape, pitch and materials are
consistent with buildings in the vicinity
• 7. Rhythm of Openings: The proposed pattern of
wall to door and window openings on the street
frontages are clearly defined.
8. Base or Platforms: Buildings 3 & 4 both
include a brick base to ground the building.
• The use of a darker material on the lower levels
enhances and adds strength to the base.
• 9. Form: The proposal has a form appropriate in
a commercial zone.
• 10. Entrances: The commercial entrances are
well defined and covered.
Building 3 (Heiman Street) Building 3 (Heiman Street)
Original Elevation Revised Elevation
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ROGUE
ADVOCATES
December 6, 2022
RE: Comments on Grand Terrace Annexation — Planning Action #PA-T3-2022-00004
Dear Ashland City Council,
Rogue Advocates is a land use advocacy organization with members in Ashland. We support Ashland's
goal of increasing the availability of affordable housing and we are particularly supportive of Ashland's
longstanding efforts to accomplish their housing goals within a broader context that emphasizes
reduced dependency on the automobile while improving conditions for walking, cycling and transit.
Since LUBA's reversal of the City's approval in May of 2021, Ashland has amended its municipal code in
multiple ways in order to accommodate this proposal. However, as detailed below, we again find that
the proposed annexation does not meet legal requirements and should therefore be denied. Because
the City's process here is a legislative decision (AMC 18.5.8.030.A), the "raise it or waive it"
requirements of ORS 197.763(1) do not apply.
Issue #1: The City's adopted procedures have not been followed.
The applicable criteria are:
18.5.8.030 - Applicability and Review Procedure
All annexations shall be processed under the Type 111 procedure (emphasis added). Except for
City -initiated annexations, annexation applications require an accompanying planning
application for the development of the entirety of the annexed area in accordance with
applicable procedure and approval criteria in chapter 18.5.1, General Review
Procedures, concurrent with the annexation application.
18.5.1.010 - Purpose and Applicability
A. Purpose. This chapter establishes procedures to initiate and make final decisions on planning
actions under the Land Use Ordinance ("this ordinance"), pursuant to City policy and state law.
B. Applicability of Review Procedures. All planning actions shall be subject to processing by one
(emphasis added) of the following procedures summarized in subsections 1 - 4, below...
The above criteria function together and allow for ONE application type. The criteria require that a Type
III procedure be used for all annexations, which includes concurrent review of an accompanying
planning application. Applicant's request for annexation with an accompanying request for outline plan
subdivision and site design review approval cannot be separately granted by the Planning Commission
through a Type II process.
Planning action PA-T3-2022-00004 was included on the September 13th Planning Commission agenda as
a Type III process (See Exhibit A) and the Council's initial public hearing on this action is agendized as
"Annexation and Site Review - HWY 99: PA-T3-2022-0004" (See Exhibit B), clearly indicating that site
review is part of the Council's decision. The City's findings impermissibly divide one planning action into
multiple approval processes in violation of AMC 18.5.1.010.B.
BOARD MEMBERS
Jamie Talarico Jimmy MacLeod Steve Rouse Hugo Hamblin-Agosto Pepper Trail Robin Elliott
RogueAdvocates.org * 541-846-1083 * PO Box 624 Ashland, OR 97520
Issue #2: The City impermissibly imposes conditions of approval to satisfy approval criterion.
The City's "Findings, Conclusions and Orders" (hereinafter, "Findings") conclude that:
"Over 3,000 linear feet of sidewalk installation is proposed, and of this only approximately 900
linear feet directly fronts upon the applicant's properties. Along the applicant's frontage, an
Exception is requested to allow curbside sidewalks in order to install a bus pull-out lane, bus
stop and transit supportive plaza. The remainder of the areas to be improved are outside the
applicant's ownership or control."
We agree that, apart from the applicant's frontage, the areas "proposed" for improvement along
Highway 99 between El Tapatio restaurant and Schofield Street are outside the applicant's control.
These areas are also outside of the City of Ashland's control. Consequently, these areas are not
governed by any conditions imposed by the City.
ODOT has not approved the installation of sidewalks along their right-of-way between El Tapatio
restaurant and Schofield Street. And, apart from the area along the applicant's frontage, there is no
evidence that they will. To do so would involve the restriction of access and other impositions to
multiple private properties and businesses along Highway 99. Similarly, ODOT has not granted
permission for the installation of a Rectangular Rapid Flashing Beacon (RRFB) crossing or for
improvements to bike/ped facilities underneath the CORP railroad trestle.
Although ODOT's permission could be the granted for such improvements, there is no evidence that
such permissions will be granted. Approvals from the Federal Highway Administration must also be
obtained for installation of an RRFB crossing per Interim Approval 21 (See Exhibit C). The City of Ashland
has no authority to require ODOT (or FHWA) to approve such improvements and any conditions of
approval to that effect are therefore legally non -binding.
Additionally, established case law requires the City to adopt findings showing both nexus and rough
proportionality when requiring improvements - particularly costly improvements such as these - that
extend well beyond the applicant's property. If anything, the City's findings do the opposite by
recognizing pre-existing "dangerous" conditions for pedestrians along Highway 99 that result from non-
conforming and/or unimproved driveway access, signage and lighting. Such findings make a case for why
other property owners (or ODOT) should pay for improvements, not the applicant.
Rogue Advocates asserts that, apart from the frontage under applicant's control, any findings of legal
compliance relying on the "proposed" installation of sidewalks, lighting, RRFB crossings, or "multi -use"
path improvements under the CORP railroad trestle are without merit because they rely on
unenforceable conditions of approval that have not been justified under Nollon/Dolan (nexus and rough
proportionality) legal precedent.
Issue #3: Adequate water facilities and/or performance guarantees have not been demonstrated.
The applicable criteria are:
AMC 18.5.8.050. D - Adequate City facilities for the provision of water to the annexed area as
determined by the Public Works Department... can and will be provided from the annexed area...
Page 2 of 13
All required public facility improvements shall be constructed and installed in accordance with
subsection 18.4.6.030.A.
AMC 18.4.6.030.A - Public Improvement Requirement. No building permit may be issued until all
required public facility improvements are installed in accordance with the approved design,
approved by the City Engineer, or o financial guarantee is provided pursuant to 18.4.6.030.E,
below.
AMC 18.4.6.030.E - Performance Guarantee Required. The City may approve a final plat or
building permit prior to completion of required public improvements when it determines that
enough of the public improvements required for the site development or land division, or phase
thereof, are complete and the applicant has an acceptable assurance for the balance of said
improvements. The applicant shall provide a bond issued by a surety authorized to do business in
the State of Oregon, irrevocable letter of credit from a surety or financial institution acceptable
to the City, cash, or other form of security acceptable to the City.
With regard to the above criteria, applicant states:
"The proposal is to extend the City of Ashland, eight -inch water main within the Hwy. 99 N,
ODOT right-of-way to the property. Presently, a 12-inch water main terminates in the Hwy. 99
right-of-way, approximately 766-feet south of the subject property frontage. The proposal
requests extension of the city of Ashland water main as a public facility within the ODOT
Highway right-of-way to the property under the railroad property through easement and
connecting to the ODOT right-of-way where a private line will be extended through the site."
The Findings state:
"The City will require the applicant to extend the existing 12-inch main line at a location uphill
and south of the site, between Fox & Schofield Streets, to a location north of the railroad trestle
at the site's northernmost driveway. Final engineered details of the exact location and method
of connection to the existing 12-inch city -owned water main will be included in the final
engineered plans provided with the Final Plan submittal. In preparing the final civil drawings,
consultation with RH2 Engineering, the contract engineer for the City, and use of the city's water
model may be required to evaluate domestic consumption and fire flow needs for Grand
Terrace, the potential future extension of the main further to the north and resultant impacts to
the city system.
As this is at the low end of the City's water system, the applicant must anticipate high water
pressures at the meter (160+ psi). This will require a pressure reducing valve (PRV) station at the
point of connection. The final type, size, and location of the PRV station will need to be
determined in consultation with the project civil engineer, the city -approved PRV supplier and
Water Department staff based on the city water model currently managed by RH2 Engineering.
PRV stations of this size are typically in underground vaults big enough to walk around in and
will need to be in a location where regular maintenance can be performed without stopping
traffic or endangering Water Division personnel. The applicant's design team should also
evaluate the need for PRV's for each building. The final civil drawings provided with the Final
Plan submittal shall include complete PRV details."
Page 3 of 13
There is a significant discrepancy between applicant's above proposal and what has been outlined in the
Findings. In particular, extending a 12-inch main line from "a location uphill and south of the site,
between Fox & Schofield Streets to a location north of the railroad trestle at the site's northernmost
driveway" is significantly different than "extend(ing) the City of Ashland, eight -inch water main within
the Hwy. 99 N, ODOT right-of-way to the property." Applicant makes no mention of a pressure reducing
valve (PRV) station in an underground vaults "big enough to walk around in."
What's involved in extending a 12-inch main line from between Fox & Schofield Streets to the subject
property? Does such an extension involve traversing multiple private properties, including the railroad,
as it would appear by looking at a map?
What's involved in installing a pressure reducing valve (PRV) station in an underground vault "big
enough to walk around in?" Where will this station be located so as to satisfy the City's requirements?
These would appear to be substantial public works projects with equally substantial costs. Are these
costs paid exclusively by the developer or are they paid through System Development Charges? Are
easements required of private property owners to get a 12" main to the subject property?
Such questions remain unanswered, the applicant's civil drawings to not address them, and findings of
adequate water facilities can therefore not be made.
Additionally, the City Council has passed first reading of "ORDINANCE NO. 3214 AN ORDINANCE
AMENDING SECTION 4.20 OF THE ASHLAND MUNICIPAL CODE: SYSTEMS DEVELOPMENT CHARGES" with
a scheduled second reading immediately following consideration of this annexation proposal. The City's
adoption of this ordinance may, or certainly appears to, have direct bearing on applicant's ability to
satisfy the above criteria.
Some of the changes made through this ordinance, which comes to the City Council based on
recommendations made by a committee on which the applicant was a member, include:
"4.20.090 Collection of Charge A. The systems development charge is payable upon, and as a
condition of, issuance or approval of:
...7. Certificate of occupancy issued by the Building Division for multifamily development
properties."
and
"System development charge payments for multiple -family residential rental projects may be
deferred through an installment loan which shall not be subject to an annual interest rate
provided all charges are paid prior to two years following the date of issuance of the
Certificate of Occupancy." (bold, underlined text represents proposed modification to code).
How does Ordinance No. 3214 (See Exhibit D) relate to the above criteria; i.e., provision of adequate
water to the subject property and the timing of payments?
With the above outstanding questions, AMC 18.5.8.050.D and the two other implicated code sections
cited above have not been adequately addressed. [We also note that 18.5.8.050.E.5 - Timing of
Transportation Improvements, is similarly implicated by the City's adoption of Ordinance No. 3214.]
Page 4 of 13
Issue #4: Inadequacy of Safety Analysis for Bicycle/Pedestrian Transportation:
The applicable criteria are:
AMC 18.5.8.050.E Adequate transportation can and will be provided to serve the annexed area.
For the purposes of this section, "adequate transportation" for annexations consists of vehicular,
bicycle, pedestrian, and transit transportation meeting the following standards:
2. For bicycle transportation, safe and accessible bicycle facilities according to the safety
analysis and standards of the governing jurisdiction of the facility or street (e.g., City of Ashland,
Jackson County, Oregon Department of Transportation) exist, or can and will be constructed.
3. For pedestrian transportation, safe and accessible pedestrian facilities according to the safety
analysis and standards of the governing jurisdiction of the facility or street (e.g., City of Ashland,
Jackson County, Oregon Department of Transportation) exist, or can and will be constructed.
The above criteria require that "safe and accessible" bicycle and pedestrian facilities "accordins to the
safety analysis and standards of the governing jurisdiction of the facility or street exist or can and will be
constructed." The plain language of this text requires that the governing jurisdiction (ODOT, in this case)
complete a "safety analysis" against their standards.
Here, the applicant has submitted an "Access Safety Evaluation" at
https://www.ashiand.or.us/SIB/files/Comm%20Dev/Planning/Grand%20Terrace%20Annex/03 Grand T
errace Access Safety Evaluation 1 26 22 ssn.pdf [Note: Mistakenly dated "2021"] and not a "safety
analysis." Applicant's "Access Safety Evaluation" does not purport to address ODOT's standards with
respect to providing "safe and accessible" bicycle and pedestrian facilities nor does it identify what
those standards are. There is no evidence that applicant's "Access Safety Evaluation" has been reviewed
by ODOT, the governing jurisdiction.
The language contained within AMC 18.5.8.050.E.2&3 has been recently adopted. A November 9, 2021
video recording of a discussion between City planner Maria Harris and Planning Commissioner Lynn
Thompson explains the City's intent behind this language. (@ minute 54:00 of:
https://videoplayer.telvue.com/player/w9sPsSE7vna3XTN 39bs1rEXiVWFOkfP/media/681097?fullscree
n=false&showtabssearch=true&autostart=true)
During the course of the above -referenced discussion, Ms. Harris says:
"Each jurisdiction has... a safety analysis manual that, when a traffic engineer, whether it's the
City or State person, or if it's a private engineer, they have to go to this manual and do a safety
and engineering analysis based on that manual. And then the jurisdiction has criteria that...
apply to when and what kind of facilities you need. When they do a safety analysis some of the
things they look at are crash data, crossings, sight distance, what lighting is in place,
channelization, turn lanes - it's quite in-depth. They would be looking at accidents involving
bicyclists or pedestrians... in the same way you would a vehicle - where the crossings are, how
good the lighting is... how good can you see - the sight distance. Crossings are part of that
analysis."
Page 5 of 13
Kelly Sandow's "Access Safety Evaluation" doesn't identify a single standard of the "governing
jurisdiction." It doesn't reference a "safety analysis manual" or any criteria used to do the analysis. The
bicycle portion of Sandow's "Access Safety Evaluation" (entitled "bicycle access") takes up less than a
single page and doesn't mention anything about crossing the highway. And there's also no mention of
crash data, sight distances, lighting, channelization or turn lanes. It mentions bicycle lanes on the other
side of the highway without describing how a bicyclist is supposed to get there.
The pedestrian portion of Sandow's evaluation (entitled "pedestrian access") takes up slightly more than
one page and largely relies on the installation of a new RRFB crossing proposed near Schofield Street to
conclude that pedestrians will be safe to cross Highway 99.
The proposed RRFB crossing is along a section of highway with a speed limit of 35 mph. On the east side
there is a guardrail and shoulder, but no sidewalk. There are no destinations on the east side of the
highway apart from an RVTD "flag stop," which is an unmarked, informal place where you can get on or
off the bus from Ashland to Medford. It is unusual to see pedestrians on the east side of the roadway or
to see passengers embarking/disembarking the bus at this flag stop [Note: Author is the former Senior
Planner/Support Services Manager for RVTD and a former frequent passenger on this bus route].
Ms. Sandow's "Access Safety Evaluation" relies on applicant's "proposal" to build 3,088 linear feet of
sidewalk along the west side of Highway 99 along with an RRFB crossing. As discussed above under issue
#2, the City cannot rely on conditions of approval for the installation of improvements on facilities that
are not under the City's jurisdiction. Further, the City has not adopted the requisite Nollon/Dolan
findings to support requiring the applicant to undertake such extremely costly and potentially disruptive
projects on a State highway so far outside of the applicant's control and so far from the applicant's
property.
Additionally, applicant has used the City's "exception" process to deviate from the City's Street Design
Standards along approximately 2,100 feet of the 3,088 foot length of Highway 99 where improvements
have been "proposed."
As explained under Finding 2.5:
"The Planning Commission notes that requests to depart from the Street Design Standards in
AMC 18.4.6.040 are subject to Exception to the Street Design Standards. The Planning
Commission further notes that with the current request, over 3,000 linear feet of sidewalk
installation is proposed, and of this only approximately 900 linear feet directly fronts upon the
applicant's properties. Along the applicant's frontage, an Exception is requested to allow
curbside sidewalks in order to install a bus pull-out lane, bus stop and transit supportive plaza.
The remainder of the areas to be improved are outside the applicant's ownership or control,
and there are impediments to city -standard parkrow and street tree installation due to
steepness of other's properties adjacent to the right-of-way; obstructions created by private
property owners, and privately -owned encroachments into the highway right-of-way; and
physical barriers including private property curbing and the railroad overpass."
The City's Findings note that "the applicant emphasizes that the installation of a continuous sidewalk
system will have a positive impact on the adjacent properties while providing greater connectivity,
comfort and safety for bicyclists, pedestrians and transit users." We agree. However, the City cannot
lawfully require the applicant to construct these improvements absent prior approval by the governing
Page 6 of 13
jurisdiction(s) and without the cooperation of numerous private property owners. The applicant's
"proposals," however well -intended, are meaningless in this context.
The above argument is further supported by Findings that state:
"The Planning Commission finds that physical barriers are present for approximately 2,218-feet
of the approximately 3,088-feet of frontage proposed to be improved as part of this annexation.
The Commission concludes that the combination of unique and unusual aspects makes the
installation of city -standard improvements impossible when private ownership of much of the
abutting property is taken into consideration."
The Findings explain that the applicant will be responsible for completing that which is "under his
control," or approximately 900 feet of frontage along Highway 99. This equates to less than 30% of the
length of sidewalks "proposed" by applicant, the construction of which forms the factual basis of
Sandow's "Access Safety Evaluation."
With respect to the "proposed" RRFB crossing, the Findings state:
"The application further notes that mid -block crosswalks are dangerous, and RRFBs increase the
safety of pedestrians and cyclists crossing when compared to a traffic signal."
Neither the City nor the applicant provide any evidence to support the claim that RRFBs provide a safer
crossing than a traffic signal. Exhibits C and E rebut this erroneous finding:
Exhibit C - (Federal Highway Administration - Interim Approval 21— Rectangular Rapid -Flashing Beacons
at Crosswalks):
"There was a wide range of yielding rates, with some as low as 19 percent."
Exhibit E - (Transportation Research Record - A Study of Driver Noncompliance with Traffic Signals):
"In another study it was found that the violation rate (i.e., not stopping when required)
increased from 0.1 percent to 0.6 percent when the signal configuration changed from regular
operation to flashing red."
Exhibits C and E show that RRFBs have a yielding rate as low as 19%, whereas the yielding rate for traffic
signals is typically in the range 99.9%. It is simply inaccurate to claim, without any supporting evidence,
that "RRFBs increase the safety of pedestrians and cyclists crossing when compared to a traffic signal."
The "proposed" RRFB near Schofield Street is not near a school, does not connect to a sidewalk on the
east side, and is not in an area where pedestrians would be expected to cross. According to expert
research, all of these factors will likely contribute to a lower yielding rate - much lower than would
otherwise be expected at a traffic signal - reducing the safety and effectiveness of an RRFB crossing at
this location particularly as compared to a traffic signal.
Additionally, an RRFB crossing at this location requires placement of poles on the edges of the roadway
for signage and for push-button actuation. Since there is no sidewalk on the east side of the roadway, it
Page 7 of 13
will be difficult, if not impossible, to install such a pole in this location without greatly modifying the
roadway. This issue is not addressed by applicant.
The Findings and the application (but not the "Access Safety Evaluation") suggest that northbound
bicyclists wishing to access the proposed development will use the RRFB to cross the highway and then
walk their bikes approximately 0.3 miles along the "proposed" sidewalk on the west side of Highway 99.
Although this is certainly a possibility, it's unlikely. Bicyclists are more likely to stay mounted on their
bikes, particularly in this downhill section of Highway 99. If they did use the RRFB to cross, they would
be unlikely to walk their bikes on the sidewalk for 1/3 mile to the development. They would be much
more likely to ride their bikes the wrong way in the bike lane or on the sidewalk, either of which is illegal
and extremely dangerous. This is similar to what was communicated to the Planning Commission during
the previous consideration of this application by City Public Works Director Scott Fleury. [Note: Author is
a former transportation planner and a bicyclist with 15 years of bike commuting experience between
Ashland and Medford on this highway segment.]
In summary:
• AMC 18.5.8.050.E.2&3 cannot be satisfied based on the imposition of unenforceable conditions of
approval to construct sidewalks, an RRFB crossing and a multi -use bike/ped facility under the CORP
railroad trestle.
Applicant's Civil Engineering drawings showing a sidewalk connection between El Tapatio restaurant
and Schofield Street (C7.0 - C7.2 @
https://www.ashland.or.us/SIB/files/Comm%20Dev/Planning/Grand%20Terrace%20Annex/02 00 20
22-04-15 Grand Terrace Land Use Set - Civil.pdf) are the only drawings from Powell Engineering
that are not stamped. They are the only drawings that contain the statement: "SECTIONS CREATED BY
OTHERS DURING ANNEXATION APPLICATION AND APPROVAL PROCESS. SHOWN FOR REFERENCE
ONLY." They show curbs and sidewalks running continuously from the "westerly"/north project access
lane to the proposed main entrance without any curb cuts for driveways, thus eliminating access to
Paradise Supply and Anderson Auto Body. They do not show an RRFB crossing. These drawings
function as further evidence that the "proposal" for sidewalk improvements cannot be relied on for
findings of compliance with AMC 18.5.8.OSO.E.2&3.
• Kelly Sandow's "Access Safety Evaluation," in addition to relying on improvements that cannot be
assured through conditions of approval, does not address the criteria in AMC 18.5.8.050.E.2&3 that
require a "safety analysis" as described in the language of the code nor by City staff during the
development of this criteria.
Issue #5: The requested exception to City street standards does not meet the requirements of
18.4.6.020. B. l.a. i i is
The applicable criteria are:
AMC 18.4.6.020.B.1 - Exception to the Street Design Standards
The approval authority may approve exceptions to the street design standards in
section 18.4.6.040 if the circumstances in either subsection B.1.a or b, below, are found to exist.
Page 8 of 13
a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a
unique or unusual aspect of the site or proposed use of the site; and the exception is the
minimum necessary to alleviate the difficulty, and the exception is consistent with the purpose,
intent, and background of the street design standards in subsection 18.4.6.040.A; and the
exception will result in equal or superior transportation facilities and connectivity considering the
following factors where applicable:
iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking
along roadway), and ability to safely and efficiently cross roadway;
Applicant argues that:
"There is demonstrable difficulty in meeting the specific Street Design Standards from 18.4.6 for
continuous landscape park row, sidewalks (emphasis added) and curbs. The exceptions and
impediments are in areas that are not part of the development.
Issues of impediments to the standard are steepness of other's properties adjacent to the right-
of-way; obstructions created by private property owners, and privately owned encroachments
into the highway right-of-way. These are physical barriers like private property curbing and the
railroad overpass. These are all other private property ownerships the applicant legally cannot
enter upon and built upon.
The Grand Terrace development frontage is approximately 900 lineal feet and an exception at
this location is only requested to accommodate a public benefit of a new bus stop and plaza. If
the applicant were not voluntarily contributing this public benefit no exception would be
requested.
All other requested exception to the Street Design Standards are outside the applicants control.
The request is the minimum necessary considering the 3000+ feet of improvements are mostly
in areas that are not part of the development and in areas that are owned by others.
Although there are exceptions requested most of the important improvements of providing safe
transportation of pedestrians and bicyclist can be done. The installation of a continuous
sidewalk system will have a positive impact on the adjacent properties and increase property
values by improving their property and increasing the visual beautification of the local, and
increased access of pedestrians and bicyclist.
It will provide connectivity and be safer and comfortable for the transit of pedestrians and
bicyclist. The requested exception is consistent with the purpose and intent which is 'to enhance
the environment for walking, cycling, and mass transit use, and to ensure that high quality
development is maintained throughout the city."'
Here, the applicant employs a verbal contortion act to present a convoluted and disingenuous case for
an exception to the City's street standards. Contrary to the requirements under 18.4.6.020.B.1.a.iii, the
requested exception will result in an island of sidewalks surrounded by a sea of "dangerous" obstacles
for pedestrians, whose numbers can only be multiplied by the proposed development.
On the one hand, applicant argues that various impediments - including physical constraints and private
property issues - limit the ability of applicant to provide a continuous sidewalk connection along
Page 9 of 13
Highway 99 and therefore warrant an exception to such requirements. On the other hand, applicant
"proposes" a continuous sidewalk between El Tapatio restaurant and Schofield Street, arguing that such
improvements "can be done" and "will have a positive impact on the adjacent properties and increase
property values by improving their property."
We agree with applicant that the existing pedestrian conditions along Highway 99 between where the
sidewalk ends just south of El Tapatio restaurant and where it begins again at Schofield Street
(approximately 3,100' distance) are dangerous. We agree that crossing Highway 99 by any means, but
particularly by foot or by bike, is EXTREMELY dangerous. We agree that there are all sorts of
impediments to constructing a continuous sidewalk along this length. We agree that the applicant has
no control over other private properties along this segment of roadway. And finally, we point out that
the City of Ashland has no jurisdiction, authority, legal basis, or ability to require the applicant to build a
continuous sidewalk system in this location. Likewise, and as previously argued, the City cannot require
the applicant to do anything about the area underneath the railroad trestle, or to construct an RRFB
crossing.
Therefore, with respect to the 2,218' of Highway 99 frontage not under the applicant's control:
• City standards (AMC 18.4) require that a continuous sidewalk (among other improvements) be present
as a condition of annexation;
• Applicant credibly argues that they must take an exception to such standards;
• Applicant "proposes" various improvements to remedy "dangerous" pre-existing conditions for
pedestrians along this highway segment while simultaneously arguing that they have no control over
the completion of said improvements;
• Applicant takes credit for their "proposed" improvements and thereby claims that the requirements
under 18.4.6.020.B.1.a.iii (among others) have been met.
As stated under Issues #2 & #4 above, conditions of approval requiring applicant to construct
improvements - including a continuous sidewalk from El Tapatio restaurant to Schofield Street, an RRFB
crossing, and a multi -use path under the CORP railroad trestle - cannot be used to demonstrate
compliance with any criteria that rely on the completion of these improvements. This is for the simple
and obvious fact that the City has no jurisdiction to impose these conditions and they have not
completed the requisite legal findings to do so in any case.
Issue #6: Affordability requirements of AMC 18.5.8.050(G) are not met:
The applicable criteria are:
AMC 18.5.8.050.G
1 - The total number of affordable units provided to qualifying buyers, or to qualifying renters,
shall be equal to or exceed 25 percent of the base density as calculated using the unit
equivalency values set forth herein. The base density of the annexed area for the purpose of
calculating the total number of affordable units in this section shall exclude any unbuildable lots,
parcels, or portions of the annexed area such as existing streets and associated rights -of -way,
railroad facilities and property, wetlands, floodplain corridor lands, water resource areas, slopes
greater than 35 percent, or land area dedicated as a public park.
a. Ownership units restricted to households earning at or below 120 percent of the area
median income shall have an equivalency value of 0.75 unit.
Page 10 of 13
b. Ownership units restricted to households earning at or below 100 percent of the area
median income shall have an equivalency value of 1.0 unit.
c. Ownership or rental units restricted to households earning at or below 80 percent of
the area median income shall have an equivalency value of 1.25 unit.
2. As an alternative to providing affordable units per section 18.5.8.050.G.1, above, the
applicant may provide title to a sufficient amount of buildable land for development complying
with subsection 18.5.8.050.G.1.b, above, through transfer to a non-profit (IRC 501(3)(c))
affordable housing developer or public corporation created under ORS 456.055 to 456.235.
a. The land to be transferred shall be located within the project meeting the standards
set forth in sections 18.5.8.050.G.5 and 18.5.8.050.G.6.
b. All needed public facilities shall be extended to the area or areas proposed for
transfer.
c. Prior to commencement of the project, title to the land shall be transferred to the City,
an affordable housing developer which must either be a unit of government, a non-profit
501(c)(3) organization, or a public corporation created under ORS 456.055 to 456.235.
d. The land to be transferred shall be deed restricted to comply with Ashland's
affordable housing program requirements.
e. Transfer of title of buildable land in accordance with this subsection shall exempt the
project from the development schedule requirements set forth in
subsection 18.5.8.050.G.4.
3. The affordable units shall be comparable in bedroom mix with the market rate units in the
development.
a. The number of bedrooms per dwelling unit in the affordable units within the
residential development shall be in equal proportion to the number of bedrooms per
dwelling unit in the market rate units within the residential development. This provision
is not intended to require the same floor area in affordable units as compared to market
rate units. The minimum square footage of each affordable unit shall comply with the
minimum required floor area based as set forth in Table 18.5.8.050.G.3, or as established
by the U.S. Department of Housing and Urban Development (HUD) for dwelling units
developed under the HOME program.
4. A development schedule shall be provided that demonstrates that the affordable housing
units per subsection 18.5.8.050.G shall be developed, and made available for occupancy, as
follows:
a. That 50 percent of the affordable units shall have been issued building permits prior
to issuance of a certificate of occupancy for the last of the first 50 percent of the market
rate units.
b. Prior to issuance of a building permit for the final ten percent of the market rate units,
the final50 percent of the affordable units shall have been issued certificates of
occupancy.
AMC 18.5.8.050.G requires that either, under subsection 1, the applicant provide the affordable units, or
under subsection 2, the applicant provide title to a sufficient amount of land for someone else to build
the units. In order to meet the requirements of subsection 4, either one or the other option must be
determined prior to satisfying this criterion.
Here, applicant wants both options to be available and commits to neither. As such, it is not possible to
make findings related to the quantity of land needed to build the units or how and when (i.e., a
"development schedule") the units will be built.
Page 11 of 13
The application proposes 10 separate lots with 10 separate buildings, each with the capacity to contain
23 separate units. The proposal is for 2 of these buildings (or the equivalent land area) to be dedicated
to affordable housing.
Applicant states that:
"The site development includes ten, 2 % story, garden flat style apartments. Each of the
buildings are proposed to have twenty, 499-square foot, one -bedroom units and three, 250
square foot studio units."
Findings state that:
"The Planning Commission notes that AMC 18.5.8.050.G.7 provides that the total number of
affordable units described in AMC 18.5.8.050.G shall be determined by rounding up fractional
answers to the nearest whole unit. Twenty-five percent of the 185.625 dwelling unit base
density is 46.406 affordable units, which rounds up to 47 units (185.625 d.u. x 0.25 = 46.406,
which rounds up to 47 units). When the 1.25- unit equivalency factor is applied for the 80
percent AM[ affordability level for rental units this equates to 38 units (46.406/1.25 = 37.125
units, which rounds up to 38 units.). The Planning Commission finds that these rounded -up
numbers will need to be addressed in the required affordability agreement and in the
development proposal for the Final Plan submittal."
As mentioned in the Findings, the above numbers don't add up. That is, if 47 units are required, and
there is only capacity for 46 (23 units X 2 buildings), then findings of conformance cannot be made
under AMC 18.5.8.050.G.
Additionally, applicant proposes units that are 499 square feet (one bedroom units) and 250 square feet
(studio units). The minimum square footage required per table 18.5.8.050.G.3 is 500 and 350,
respectively. Consequently, requirements under 18.5.8.050.G.3 also cannot be met.
Issue #7: Performance Standards Option of AMC 18.3.9.040(A)(3)(R) is not met:
The applicable criteria are:
AMC 18.3.9.040.A - Outline Plan. A proposed outline plan shall accompany applications for
subdivision approval under this chapter. For developments of fewer than ten lots, the outline
plan may be filed concurrently with the final plan, as that term is defined in
subsection 18.3.9.040.8.4. For developments of ten or more lots, prior outline plan approval is
mandatory.
3. Approval Criteria for Outline Plan. The Planning Commission shall approve the outline plan
when it finds all of the following criteria have been met:
g. The development complies with the street standards.
AMC 18.3.9.040(A)(3)(g) requires that "the development complies with the street standards." There is
no provision for an exception to the street standards within the Performance Standards Option. Here,
applicant is requesting an exception to the street standards.
Page 12 of 13
Issue #8: Performance Standards Option of AMC 18.3.9.060(A) is not met:
The applicable criteria are:
AMC 18.3.9.060 - Parking Standards
All development under this chapter shall conform to the following parking standards, which are
in addition to the requirements of chapter 18.4.3, Parking, Access, and Circulation.
A. On -Street Parking Required. At least one on -street parking space per dwelling unit shall be
provided, in addition to the off-street parking requirements for all developments in an R-1 zone,
with the exception of cottage housing developments, and for all developments in R-2 and R-3
zones that create or improve public streets.
No on -street parking is provided and no exceptions are allowed under the Performance Standards
Option, i.e., 18.3.9.040.o - The development meets all applicable ordinance requirements of the City.
CONCLUSION
The above evidence and argument demonstrate that findings under PA-T3-2022-00004 do not satisfy
the requirements as set forth in the applicable sections of the Ashland Municipal Code.
Respectfully submitted,
Craig Anderson
Member Rogue Advocates
Exhibit A - Planning Commission Agenda, September 13, 2022
Exhibit B - City Council Agenda, December 6, 2022
Exhibit C - Federal Highway Administration Interim Approval 21
Exhibit D - City of Ashland Ordinance No. 3214
Exhibit E - Transportation Research Record 1168
Page 13 of 13
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Agendas and Minutes
City of Ashland
Planning Commission cvewAfl)
Hybrid Planning Commission Regular Meeting
Agenda
Tuesday, September 13, 2022
Exhibit A
View Minutes Attachments
The hybrid public hearing will be held at 7:00 p.m. on September 13, 2022 at the Ashland Civic
Center, 1175 Ashland Street, OR. The Public Hearing can also be attended via Zoom. The
meeting will be televised on local channel 9 or channels 180 and 181 for Charter
Communications customers or will also be available live stream by going to rvtv.sou.edu and
selecting RVTV Prime.
Written testimony will be accepted for the public hearing agenda items via email to PC-public-
testimony@ashland.or.us with the subject line "09/13/22 PC Hearing Testimony" by 10:00 a.m.
on Monday, September 12, 2022. Written testimony will not be accepted on findings because
the record is closed. If the applicant wishes to provide a rebuttal to the testimony, they can
submit the rebuttal via e-mail to PC-public-testimony@ashland.or.us with the subject line
"09/13/22 PC Hearing Testimony' by 10:00 a.m. on Tuesday, September 13, 2022. Written
testimony received by the deadlines will be available to the Planning Commission before the
meeting and will be included in the meeting minutes.
Oral testimony will be taken via Zoom during the electronic public hearing. If you wish to provide
oral testimony during the electronic meeting, send an email to PC-public-
testimony@ashland.or.us by 10:00 a.m. on Monday, September 12, 2022. In order to provide
testimony at the public hearing, please provide the following information: 1) make the subject
^ line of the email "09/13/22 Speaker Request", 2) include your name, 3) specify the date and
commission meeting you wish to virtually attend or listen to, 4) specify if you will be participating
by computer or telephone, and 5) the name you will use if participating by computer or the
telephone number you will use if participating by telephone.
If you would like to watch and listen to the Planning Commission meeting virtually, but not
participate in any discussion, you can use the Zoom link below to join the meeting as an
attendee.
ASHLAND PLANNING COMMISSION
REGULAR MEETING
September 13, 2022
https://zoom.us/j/96613154440
I. CALL TO ORDER: 7:00 PM
II. ANNOUNCEMENTS
III. CONSENT AGENDA
A. Approval of Minutes
1. August 9, 2022 Regular Meeting
B. Initiation of an Ordinance Amendment Relating to Food Trucks & Food Carts
IV. PUBLIC FORUM
V. TYPE I PUBLIC HEARING
PLANNING ACTION: PA-APPEAL-2022-00016 (Appealing PA-T1-2022-00187)
SUBJECT PROPERTY: 580 Clover Ln
APPLICANT/OWNER: Tesla / Asia Johnson
APPELLANT. Stracker Solar / Jeff Sharpe
DESCRIPTION: An appeal of the staff decision approving a request for a Conditional Use Permit and Site
Design Review approvals to allow for the installation of an asphalt -paved parking lot with approximately 24
electric vehicle (EV) charging stalls on an undeveloped site. The project proposes to install associated
electrical equipment (transformers, switchgears, Tesla supercharger cabinets and surcharger posts), storm I�
drainage and water (for onsite irrigation only) utilities, and landscaping. COMPREHENSIVE PLAN
DESIGNATION: Employment; ZONING: &1;
ASSESSOR'S MAP: 39 1 E 14 AA; TAX LOT: 6801.
VI. TYPE III PUBLIC HEARING
PLANNING ACTION: PA-T3-2022-00004
SUBJECT PROPERTY: 1511 Highway 99 North
APPLICANT/OWNER: Casita Developments, LLC for owner Linda Zare
DESCRIPTION: A request for the Annexation of 16.86 acres located at 1511 Highway 99 North into the
City of Ashland, along with 6.6 acres of adjacent Oregon Department of Transportation state highway
right-of-way and 7.68 acres of California Oregon & Pacific railroad property. The property is currently
located in Jackson County and zoned Rural Residential (RR-5); with Annexation these properties would be
brought into the City as Low Density, Multi -Family Residential (R-2). Concurrent with Annexation, the
application also requests: Outline Plan subdivision approval to create 12 lots; Site Design Review to
construct 230 apartments in ten buildings including 37 affordable units; an Exception to the Street
Design Standards; and Tree Removal Permits to remove two trees greater than six -inches in
diameter at breast height. COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential;
ZONING: Existing — County RR-5 Rural Residential, Proposed — City R-2 Low Density Multi -Family
Residential; ASSESSOR'S MAP: 38 1 E 32; TAX LOT #'s: 1700 & 1702
VII. ADJOURNMENT
Online City Services
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Exhibit B
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Agendas and Minutes
City of Ashland
City Council (View All)
Council Business Meeting
Agenda
Tuesday, December 06, 2022
ASHLAND CITY COUNCIL
BUSINESS MEETING AGENDA
Tuesday, December 6, 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@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/speakerrequest and
return to the City Recorder.
5:30 PM Executive Session
The Ashland City Council will hold an Executive Session and may conduct the following:
1. Consultation with the City Attorney on current or likely litigation pursuant to ORS ^
192.660(2)(h)
2. Deliberations with persons designated by the governing body to carry on labor
negotiations, pursuant to ORS 192.660(2)(d)
6:00 PM Regular Business Meeting*
I. CALL TO ORDER
11. PLEDGE OF ALLEGIANCE
111. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
Land Acknowledgement**
V. APPROVAL OF MINUTES
1. Minutes of the October 31, 2022 Study Session Meeting
2. Minutes of the November 1, 2022 Business Meeting
Minutes of Boards, Commissions and Committees***
A. SPECIAL PRESENTATIONS
1. Band Director Recognition
7. CITY MANAGER REPORT
8. PUBLIC FORUM
9. CONSENT AGENDA
1. Transportation Advisory Committee Appointments
2. Rogue Valley Transportation Improvement Funding Letter of Support
3. Resolution Suspending City Commissions Transitioned to Advisory Committees
4. Declaration and Authorization to Dispose of Surplus Property
5. Professional Services contract with GSI Water Solutions Inc. for the
development of the Water Management and Conservation Plan (WMCP)
6. Approval of Liquor License for Cocorico LLC
10. PUBLIC HEARINGS
1. Annexation and Site Review - HWY 99: PA-T3-2022-0004
11. UNFINISHED BUSINESS
12. NEW AND MISCELLANEOUS BUSINESS
13.ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Resolution Canvassing the Vote for the November 8, 2022, General Election
2. Second Reading SDC Committee Recommended Ordinance Updates for Multi -
Family Developments
3. Severe Weather Emergency Shelter
a. Resolution on Severe Weather Emergency Shelter Policy
b. Resolution Authorizing Contracts for Severe Weather Emergency Shelter
Services for a not to exceed total of $100,000
c. FY 2022-2023 Budget Amendment for Severe Weather Emergency Shelter
Services
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, https://www.ashland.orus/Agendas.asp . 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
12/.5.!22.6:24 AM Interim Approval 21 — Rectangular Rapid -Flashing Beacons at Crosswalks - Interim Approvals Issued by FHWA - FHWA MUTCD
FHWA Policy Memorandums
Manual on Uniform Traffic
Control Devices (MUTCD) Exhibit C
Resources > Interim Approvals Issued by FHWA
Interim Approval 21 — Rectangular Rapid -Flashing
Beacons at Crosswalks
PDF Version, 606KB
You may need the Adobe® Reader@ to view the PDFs on this page.
0 Memorandum
U.S. Department of Transportation
Federal Highway Administration
Subject: INFORMATION: MUTCD — Interim Approval for Optional Use of Date: March 20, 2018
Pedestrian -Actuated Rectangular Rapid -Flashing Beacons at
Uncontrolled Marked Crosswalks (IA-21)
From: Martin C. Knopp In Reply
Associate Administrator Refer To: HOTO-1
for Operations
To: Federal Lands Highway Division Directors
Division Administrators
Purpose: The purpose of this memorandum is to issue an Interim Approval for the optional use of Rectangular Rapid -
Flashing Beacons (RRFB) as pedestrian -actuated conspicuity enhancements for pedestrian and school crossing
warning signs under certain limited conditions. Interim Approval allows interim use, pending official rulemaking, of a new
traffic control device, a revision to the application or manner of use of an existing traffic control device, or a provision not
specifically described in the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). State and
local agencies must request and receive permission to use this new Interim Approval, designated IA-21, from the
Federal Highway Administration (FHWA) in accordance with the provisions of Section 1A.10 of the MUTCD before they
can use the RRFB, even if prior approval had been given for Interim Approval 11 (IA-11), now terminated. The issuance
of this new Interim Approval does not reinstate IA-11 either in whole or in part.
Background: The Florida Department of Transportation has requested that the FHWA issue an Interim Approval to
allow the use of RRFBs as pedestrian -actuated conspicuity enhancements to supplement standard pedestrian and
school crossing warning signs at uncontrolled marked crosswalks. The RRFB does not meet the current standards for
flashing warning beacons as contained in the 2009 edition of the MUTCD, Chapter 4L, which requires a warning beacon
to be circular in shape and either 8 or 12 inches in diameter, to flash at a rate of approximately once per second, and to
be located no less than 12 inches outside the nearest edge of the warning sign it supplements. The RRFB uses
rectangular -shaped high -intensity light -emitting -diode (LED) -based indications, flashes rapidly in a combination wig -wag
and simultaneous flash pattern, and may be mounted immediately adjacent to the crossing sign.
Research on the RRFB: The City of St. Petersburg, Florida, experimented with the RRFB at 18 pedestrian crosswalks
across uncontrolled approaches and submitted its final report in 2008. In addition to "before" data, the city collected
"after" data at intervals for one year at all 18 sites and for two years at the first two implemented sites. For the first two
sites, the city collected data for overhead and ground -mounted pedestrian crossing signs supplemented with standard
circular yellow flashing warning beacons, for comparison purposes, before the RRFBs were installed. The data showed
https://mutcd.fhwa.dot.gov/resources/interim_4pproval/ia21 /index.htm 1 /6
12h/22, 6:24 AM Interim Approval 21 — Rectangular Rapid -Flashing Beacons at Crosswalks - Interim Approvals Issued by FHWA - FHWA MtrrCD
higher motorist yielding rates at crosswalks where the RRFBs had been installed in comparison to lower rates for
standard warning beacons. The higher yielding rates were sustained even after two years of operation, and no
identifiable negative effects were found. The St. Petersburg data also showed that drivers exhibit yielding behavior
much farther in advance of crosswalks with RRFBs than with standard circular yellow flashing warning beacons.
In addition to the St. Petersburg locations, experimentation with RRFBs was also conducted at other uncontrolled
marked crosswalks in Florida and other States. Data from locations other than St. Petersburg was limited, but did show
results similar to those found in St. Petersburg.
The Texas Transportation Institute (TTI) conducted a Federally funded research project! that developed and tested a
new flash pattern for the RRFB that was shown to be at least as effective as the flash pattern that was initially tested in
St. Petersburg, Florida, and that showed that mounting the RRFB unit above the sign was at least as effective as
mounting the RRFB unit below the sign. In this project, the results were generally favorable, however there was a wide
range of yielding rates, with some as low as 19 percent. This broad range indicates that there might be certain factors or
characteristics of locations at which the RRFB might not be effective.
A separate projects conducted by TTI examined data from multiple projects to determine various factors that influenced
driver yielding rates at RRFB locations. In this project, the researchers found that intersection configuration, presence of
a median refuge, crossing distance, approach to the crossing, and one-way vs. two-way traffic significantly affected the
rate of driver yielding. Additional factors including posted speed limit, mounting of the beacons (overhead or roadside),
and the type of crossing and sign —Pedestrian (W11-2) or School (S1-1) sign compared with the Trail Crossing (W11-
15) sign —were also significant.
FHWA Evaluation of Results: The Office of Transportation Operations reviewed the available data in 2008 and
considered the RRFB to be highly successful for the applications tested (uncontrolled marked crosswalks). The RRFB
offers significant potential safety and cost benefits because it achieves high rates of compliance at a low relative cost in
comparison to other more restrictive devices that provide comparable results, such as full midblock signalization or
pedestrian hybrid beacons.
The FHWA granted interim approval status to the RRFB on July 16, 2008, and designated that action as Interim
Approval 11 (IA-11).
The FHWA was later informed that the concept of the RRFB had been patented by a private company. Because
patented traffic control devices are not allowed to be included in the MUTCD, are not allowed to be given interim
approval status, and are not allowed to be a part of an official experiment, the FHWA terminated Interim Approval 11 on
December 21, 2017.
The FHWA has confirmed that the patents on the RRFB device that was the subject of Interim Approval 11 have been
expressly abandoned and the concept of the RRFB is now in the public domain. Because of this action, the RRFB is
once again eligible for interim approval status and the FHWA is issuing this new Interim Approval for the RRFB.
Interim Approval 11 (IA-11) remains terminated. Agencies that previously had been approved to use RRFBs under IA-11
are not covered by this new Interim Approval to install new RRFBs. If agencies that had approval under IA-11 wish to
continue to install new RRFBs, then they must submit a new request to the FHWA and agree to comply with the terms
and conditions of IA-21.
This Interim Approval does not create a new mandate compelling installation of RRFBs, but will allow agencies to install
this traffic control device, pending official MUTCD rulemaking, to provide a degree of enhanced pedestrian safety at
uncontrolled marked crosswalks.
Conditions of Interim Approval: The FHWA will grant Interim Approval for the optional use of the RRFB as a
pedestrian -actuated conspicuity enhancement to supplement standard pedestrian crossing or school crossing signs at
uncontrolled marked crosswalks to any jurisdiction that submits a written request to the Office of Transportation
Operations. A State may request Interim Approval for all jurisdictions in that State. Jurisdictions using RRFBs under this
Interim Approval must agree to the following:
• Comply with the Technical Conditions detailed in this memorandum;
• Maintain an inventory list of all locations at which the RRFB is installed; and
• Comply with all the conditions as listed in Paragraph 18 of Section 1A.10 of the MUTCD.
In addition, any agency that receives this approval must acknowledge agreement with the following:
• That an agency will furnish its list of locations where implemented if requested by FHWA;
• That FHWA has the right to rescind this Interim Approval at any time; and
• That issuance of this Interim Approval does not guarantee that the provisions, either in whole or part, will be
adopted into the MUTCD.
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1. General Conditions:
a. Each RRFB unit shall consist of two rapidly flashed rectangular -shaped yellow indications with an LED -
array -based light source, and shall be designed, located, and operated in accordance with the detailed
requirements specified below.
b. The use of RRFBs is optional. However, if an agency opts to use an RRFB under this Interim Approval,
the following design and operational requirements shall apply, and shall take precedence over any
conflicting provisions of the MUTCD for the approach on which RRFBs are used:
2. Allowable Uses:
a. An RRFB shall only be installed to function as a pedestrian -actuated conspicuity enhancement.
b. An RRFB shall only be used to supplement a post -mounted W11-2 (Pedestrian), S1-1 (School), or W11-15
(Trail) crossing warning sign with a diagonal downward arrow (W16-7P) plaque, or an overhead -mounted
W11-2, S1-1, or W11-15 crossing warning sign, located at or immediately adjacent to an uncontrolled
marked crosswalk.
c. Except for crosswalks across the approach to or egress from a roundabout, an RRFB shall not be used for
crosswalks across approaches controlled by YIELD signs, STOP signs, traffic control signals, or
pedestrian hybrid beacons.
d. In the event sight distance approaching the crosswalk at which RRFBs are used is less than deemed
necessary by the engineer, an additional RRFB may be installed on that approach in advance of the
crosswalk, as a pedestrian -actuated conspicuity enhancement to supplement a W11-2 (Pedestrian), S1-1
(School), or W11-15 (Trail) crossing warning sign with an AHEAD (W16-9P) or distance (W16-2P or W16-
2aP) plaque. If an additional RRFB is installed on the approach in advance of the crosswalk, it shall be
supplemental to and not a replacement for the RRFBs at the crosswalk itself.
3. Sign/Beacon Assembly Locations:
a. For any approach on which RRFBs are used to supplement post -mounted signs, at least two W11-2, S1-1,
or W11-15 crossing warning signs (each with an RRFB unit and a W16-7P plaque) shall be installed at the
crosswalk, one on the right-hand side of the roadway and one on the left-hand side of the roadway. On a
divided highway, the left-hand side assembly should be installed on the median, if practical, rather than on
the far left-hand side of the highway.
b. An RRFB unit shall not be installed independent of the crossing warning signs for the approach that the
RRFB faces. If the RRFB unit is supplementing a post -mounted sign, the RRFB unit shall be installed on
the same support as the associated W11-2, S1-1, or W11-15 crossing warning sign and plaque. If the
RRFB unit is supplementing an overhead -mounted sign, the RRFB unit shall be mounted directly below
the bottom of the sign.
4. Beacon Dimensions and Placement in the Sign Assembly:
a. Each RRFB shall consist of two rectangular -shaped yellow indications, each with an LED -array -based light
source. The size of each RRFB indication shall be at least 5 inches wide by at least 2 inches high.
b. The two RRFB indications for each RRFB unit shall be aligned horizontally, with the longer dimension
horizontal and with a minimum space between the two indications of at least 7 inches, measured from the
nearest edge of one indication to the nearest edge of the other indication.
c. The outside edges of the RRFB indications, including any housings, shall not project beyond the outside
edges of the W11-2, S1-1, or W11-15 sign that it supplements.
d. As a specific exception to Paragraph 5 of Section 4L.01 of the 2009 MUTCD, the RRFB unit associated
with a post -mounted sign and plaque may be located between and immediately adjacent to the bottom of
the crossing warning sign and the top of the supplemental downward diagonal arrow plaque (or, in the
case of a supplemental advance sign, the AHEAD or distance plaque) or within 12 inches above the
crossing warning sign, rather than the recommended minimum of 12 inches above or below the sign
assembly. (See the example photo that is shown below.)
5. Beacon Flashing Requirements:
a. When actuated, the two yellow indications in each RRFB unit shall flash in a rapidly flashing sequence.
b. As a specific exception to the requirements for the flash rate of beacons provided in Paragraph 3 of
Section 4L.01, RRFBs shall use a much faster flash rate and shall provide 75 flashing sequences per
minute. Except as provided in Condition 5f below, during each 800-millisecond flashing sequence, the left
and right RRFB indications shall operate using the following sequence:
The RRFB indication on the left-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
The RRFB indication on the right-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
The RRFB indication on the left-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
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The RRFB indication on the right-hand side shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
Both RRFB indications shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 50 milliseconds.
Both RRFB indications shall be illuminated for approximately 50 milliseconds.
Both RRFB indications shall be dark for approximately 250 milliseconds.
c. The flash rate of each individual RRFB indication, as applied over the full flashing sequence, shall not be
between 5 and 30 flashes per second to avoid frequencies that might cause seizures.
d. The light intensity of the yellow indications during daytime conditions shall meet the minimum
specifications for Class 1 yellow peak luminous intensity in the Society of Automotive Engineers (SAE)
Standard J595 (Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance,
and Service Vehicles) dated January 2005.
e. To minimize excessive glare during nighttime conditions, an automatic signal dimming device should be
used to reduce the brilliance of the RRFB indications during nighttime conditions.
f. Existing RRFB units that use the flashing sequence that was specified in the Interim Approval 11
memorandum and a subsequent interpretation (the RRFB indication on the left-hand side emits two slow
pulses of light after which the RRFB indication on the right-hand side emits four rapid pulses of light
followed by one long pulse of light) should be reprogrammed to the flash pattern specified above in
Condition 5b as part of a systematic upgrading process, such as when the units are serviced or when the
existing signs are replaced.
6. Beacon Operation:
a. The RRFB shall be normally dark, shall initiate operation only upon pedestrian actuation, and shall cease
operation at a predetermined time after the pedestrian actuation or, with passive detection, after the
pedestrian clears the crosswalk.
b. All RRFB units associated with a given crosswalk (including those with an advance crossing sign, if used)
shall, when actuated, simultaneously commence operation of their rapid -flashing indications and shall
cease operation simultaneously.
c. If pedestrian pushbutton detectors (rather than passive detection) are used to actuate the RRFB
indications, a Push Button To Turn On Warning Lights (R10-25) sign shall be installed explaining the
purpose and use of the pedestrian pushbutton detector.
d. The duration of a predetermined period of operation of the RRFBs following each actuation should be
based on the procedures provided in Section 4E.06 of the 2009 MUTCD for the timing of pedestrian
clearance times for pedestrian signals.
e. The predetermined flash period shall be immediately initiated each and every time that a pedestrian is
detected either through passive detection or as a result of a pedestrian pressing a pushbutton detector,
including when pedestrians are detected while the RRFBs are already flashing and when pedestrians are
detected immediately after the RRFBs have ceased flashing.
f. A small pilot light may be installed integral to the RRFB or pedestrian pushbutton detector to give
confirmation that the RRFB is in operation.
7. Accessible Pedestrian Features:
a. If a speech pushbutton information message is used in conjunction with an RRFB, a locator tone shall be
provided.
b. If a speech pushbutton information message is used in conjunction with an RRFB, the audible information
device shall not use vibrotactile indications or percussive indications.
c. If a speech pushbutton information message is used in conjunction with an RRFB, the message should
say, "Yellow lights are flashing." The message should be spoken twice.
Any questions concerning this Interim Approval should be directed to Mr. Duane Thomas at duane.thomas@dot.gov.
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Figure 1. Example of an RRFB dark (left) and illuminated during the flash period (center and right) mounted with W11-2 sign and
W16-7P plaque at an uncontrolled marked crosswalk.
Figure 2. View of pilot light to pedestrian at shared -use path crossing with median refuge.
Enlargement of pilot light at right.
Figure 3. Example of pedestrian pushbutton and R10-25 sign with pilot light for pedestrian actuation.
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CC:
Associate Administrators
Chief Counsel
Chief Financial Officer
Directors of Field Services
Director of Technical Services
1 Fitzpatrick, K., R. Avelar, M. Pratt, M. Brewer, J. Robertson, T. Lindheimer, and J. Miles. Evaluation of Pedestrian Hybrid Beacons
and Rapid Flashing Beacons. Report No. FHWA-HRT-16-040, pp. 88-106. Texas Transportation Institute, College Station, Texas. July
2016. https://www.fhwa.dot.gov/publications/research/safety/16040/index.cfm [Return to Note 11
2 Fitzpatrick, K., M. Brewer, R. Avelar, and T. Lindheimer. Will You Stop for Me? Roadway Design and Traffic Control Device
Influences on Drivers Yielding to Pedestrians in a Crosswalk with a Rectangular Rapid -Flashing Beacon. Report No. TTI-CTS-0010.
Texas ABM Transportation Institute, College Station, Texas. June 2016. https://static.tti.tamu.edu/tti.tamu.edu/documentsrrTI-CTS-
0010.pdf [Return to Note 21
02 FHWA
htips://mutcd.fhwa.dot.gov/resources/iiiteriiii—approval/ia2 I /index.htm 6.!6
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Exhibit D
ORDINANCE NO.3214
AN ORDINANCE AMENDING SECTION 4.20 OF THE ASHLAND
MUNICIPAL CODE: SYSTEMS DEVELOPMENT CHARGES
Annotated to show del and additions to the code sections being modified. Deletions are
bold lined thFough 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 amend the systems development charges ordinance
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 4.20 is hereby amended to read as follows:
4.20.010 Definitions
The following words and phrases, as used in Chapter 4.20 of the Ashland Municipal Code, have
the following definitions and meanings:
A. Capital Improvement(s). Public facilities or assets used for any of the following:
1. Water supply, treatment and distribution;
2. Sanitary sewers, including collection, transmission and treatment;
3. Storm sewers, including drainage and flood control;
4. Transportation, including but not limited to streets, sidewalks, bike lanes and paths, street
lights, traffic signs and signals, street trees, public transportation, vehicle parking, and bridges; or
ORDINANCE NO.
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5. Parks and recreation, including but not limited to mini -neighborhood parks, neighborhood
parks, community parks, public open space and trail systems, buildings, courts, fields and other
like facilities.
B. Development. As used in Sections 4.20.020 through 4.20.180 means constructing or
enlarging a building or adding facilities, or making a physical change in the use of a structure or
land, which increases the usage of any capital improvements or which will contribute to the need
for additional or enlarged capital improvements.
C. Improvement Fee. A fee for costs associated with capital improvements to be constructed
after the effective date of this ordinance.
D. Qualified Public Improvements. A capital improvement that is:
1. required as a condition of development approval; and
2. is identified in the plan adopted pursuant to section
4.20.080 and is either:
a. Not located on or contiguous to property that is the subject of development approval, or
b. Located on or contiguous to the property that is the subject of development approval and is
required to be built larger or with greater capacity than is necessary for the particular
development project to which the improvement fee is related.
E. Reimbursement Fee. A fee for costs associated with capital improvements constructed or
under construction on the date the fee is adopted pursuant to Section 4.20.040.
F. Systems Development Charge. A reimbursement fee, a public improvement charge or a
combination thereof assessed or collected at any of the times specified in Section 4.20.070. It
shall not include connection or hook-up fees for sanitary sewers, storm drains or water lines,
since such fees are designed by the City only to reimburse the City for the costs for such
connections. Nor shall the SDC include costs for capital improvements which by City policy and
State statute are paid for by assessments or fees in lieu of assessments for projects of special
benefit to a property (Ord. 2791 § 1, amended, 1997), or the cost of complying with requirements
or conditions imposed by a land use decision.
4.20.020 Purpose
The purpose of the systems development charge (SDC) is to impose an equitable share of the
public costs of capital improvements upon those developments that create the need for or
increase the demands on capital improvements.
ORDINANCE NO. _
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4.20.030 Scope
The systems development charge imposed by Chapter 4.20 is separate from and in addition to
any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by
law or imposed as a condition of development. A systems development charge is to be
considered in the nature of a charge for service rendered or facilities made available, or a charge
for future services to be rendered on facilities to be made available in the future.
4.20.040 Systems Development Charge Established
A. Unless otherwise exempted by the provisions of this Chapter or other local or state law, a
systems development charge is hereby imposed upon all development within the City; and all
development outside the boundary of the City that connects to or otherwise uses the sanitary
sewer system, storm drainage system or water system of the City. The City Manager is
authorized to make interpretations of this Section, subject to appeal to the City Council.
B. Systems development charges for each type of capital improvement may be created through
application of the methodologies described in Section 4.20.050 of this code. The amounts of
each system development charge shall be adopted initially by Council resolution following a
public hearing. Changes in the amounts shall also be adopted by resolution following a public
hearing, except changes resulting solely from inflationary cost impacts. Inflationary cost impacts
shall be measured and calculated annually by the City Manager and charged accordingly. Such
calculations will be based upon changes in the Engineering News Record Construction Index
(ENR Index) for Seattle, Washington. (Ord. 2791 § 2, amended, 1997)
4.20.050 Methodology
A. The methodology used to establish a reimbursement fee shall consider the cost of then -
existing facilities, prior contributions by then -existing users, gifts or grants from federal or state
government or private persons, the value of unused capacity, rate -making principles employed to
finance publicly owned capital improvements, and other relevant factors identified by the City
Council. The methodology shall promote the objective that future systems users shall contribute
an equitable share of the cost of then -existing facilities.
ORDINANCE NO. _
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B. The methodology used to establish the improvement fee shall consider the cost of projected
capital improvements identified in an improvement plan (see Subsection 4.20.080) that are
needed to increase the capacity of the systems to which the fee is related.
C. The methodologies used to establish the systems development charge shall be adopted by
resolution of the Council following a public hearing.
1. The City shall provide written notice to persons who have requested notice of any adoption or
modification of SDC methodology at least 90 days before the hearing. If no one has requested
notice, the City shall publish notice in a newspaper of general circulation in the City at least 90
days before the hearing.
2. The revised methodology shall be available to the public at least 60 days before the first
public hearing of the adoption or amendment of the methodology.
D. A change in the amount of a reimbursement fee or an improvement fee is not a modification
of the SDC methodology if the change is based on a change in project costs, including cost of
materials, labor and real property, or on a provision for a periodic adjustment included in the
methodology or adopted by separate ordinance or resolution, consistent with State law.
E. A change in the amount of an improvement fee is not a modification of the SDC
methodology if the change is the result of a change in the Improvement Plan adopted in accord
with Subsection 4.20.080.
F. The formulas and calculations used to compute specific systems development charges are
based upon averages and typical conditions. Whenever the impact of individual developments
present special or unique situations such that the calculated fee is grossly disproportionate to the
actualimpact of the development, alternative fee calculations may be approved or required by
the City Manager under administrative procedures prescribed by the City Council. All data
submitted to support alternate calculations under this provision shall be site specific. Major or
unique developments may require special analyses to determine alternatives to the standard
methodology.
G. When an appeal is filed challenging the methodology adopted by the City Council, the City
Manager shall prepare a written report and recommendation within twenty (20) working days of
receipt for presentation to the Council at its next regular meeting. The council shall by
resolution, approve, modify or reject the report and recommendation of the City Manager, or
ORDINANCE NO. _
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may adopt a revised methodology by resolution, if required. Any legal action contesting the City
Council's decision in the appeal shall be filed within sixty (60) days of the Council's decision.
1 4.20.060 Authorized Expenditures
A. Reimbursement Fees shall be spent on capital improvements associated with the systems for
which the fees are assessed, including expenditures relating to repayment of indebtedness.
B. Improvement fees shall be spent only on capacity increasing improvements for which the fees
are assessed, including repayment of indebtedness. An increase in system capacity occurs if a
capital improvement increases the level of performance or service provided by existing facilities
or provides new facilities. The portion of such improvements funded by improvement SDCs
must be related to the need for increased capacity to provide service for future users.
C. Notwithstanding subsections (A) and (B) of this section, SDC revenues may be expended on
the direct costs of complying with the provisions of this chapter, including the costs of
developing SDC methodologies, system planning, providing an annual accounting of SDC
expenditures and other costs directly related to or required for the administration and operation
of this SDC program.
4.20.070 Expenditure Restrictions
A. SDCs shall not be expended for costs associated with the construction of administrative
office facilities that are more than an incidental part of other capital improvements, or for costs
of the operation or routine maintenance of capital improvements.
B. A capital improvement being funded wholly or in part from revenues derived from the
improvement fee shall be included in the plan adopted by the city pursuant to section 4.20.080 of
this ordinance.
4.20.080 Improvement Plan
A. Prior to the establishment of a system development charge, the city council shall prepare a
capital improvement plan, public facilities plan, master plan, or other comparable plan that
includes:
ORDINANCE NO.
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1. A list of the capital improvements that the city council intends to fund, in whole or in part,
with revenues from improvement fees;
2. The estimated cost and time of construction of each improvement and the percentage of that
cost eligible to be funded with improvement fee revenue; and
3. A description of the process for modifying the plan.
B. In adopting a plan under Section 4.20.080(A) of this ordinance, the city council may
incorporate by reference all or a portion of any capital improvement plan, public facilities plan,
master plan, or other comparable plan that contains the information required by this section.
C. The city council may modify such plan and list, as described in Section 4.20.080(A) of this
ordinance, at any time. If a system development charge will be increased by a proposed
modification to the list to include a capacity increasing public improvement, the city council
will:
1. At least thirty (30) days prior to the adoption of the proposed modification, provide written
notice to persons who have requested notice pursuant to Section 4.20.120 of this ordinance;
2. Hold a public hearing if a written request for a hearing is received within seven (7) days of
the date of the proposed modification.
D. A change in the amount of a reimbursement fee or an improvement fee is not a modification
of the system development charge if the change in amount is based on:
1. A change in the cost of materials, labor, or real property applied to projects or project
capacity as set forth on the list adopted pursuant to Section 4.20.080(A) of this ordinance;
2. The periodic application of one or more specific cost indexes or other periodic data sources,
including the cost index identified in Section 4.20.040 of this ordinance. A specific cost index or
periodic data source must be:
a. A relevant measurement of the average change in prices or costs over an identified
time period for materials, labor, real property, or a combination of the three;
b. Published by a recognized organization or agency that produces the index or data
source for reasons that are independent of the system development charge methodology; and
c. Incorporated as part of the established methodology or identified and adopted by the
city council in a separate resolution, or if no other index is identified in the established
methodology, then the index stated in Section 4.20.040 of this ordinance.
ORDINANCE NO.
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4.20.090 Collection of Charge
A. The systems development charge is payable upon, and as a condition of, issuance or approval
of:
1. A building permit;
2. A development permit;
3. A permit for a development not requiring the issuance of a building permit; or
4. A permit or other authorization to connect to the water, sanitary sewer or storm drainage
systems.
5. A right-of-way access permit
6. A planning action or change in occupancy (as defined in the Uniform Building Code) that will
increase the demands on any public facility for which systems development charges are charged.
7. Certificate of occupancy issued by the Building Division for multifamily development
properties.
B. If development is commenced or connection is made to the water system, sanitary sewer
system or storm sewer system without an appropriate permit, the systems development charge is
immediately payable upon the earliest date that a permit was required, and it will be unlawful for
anyone to continue with the construction or use constituting a development until the charge has
been paid or payment secured to the satisfaction of the City Manager.
C. Any and all persons causing a development or making application for the needed permit, or
otherwise responsible for the development, are jointly and severally obligated to pay the charge,
and the City Manager may collect the said charge from any of them. The City Manager or his/her
designee shall not issue any permit or allow connections described in Subsection 4.20.090.A
until the charge has been paid in full or until an adequate secured arrangement for its payment
has been made, within the limits prescribed by resolution of the City Council.
D. An owner of property obligated to pay a system development charge may apply to pay the
charge in semi-annual installments over a period not exceeding tea twenty years as provided in
this section.
1 The minimum charge subject to payment by installments shall be $2,000 and the maximum
ehar-ge that may he subjeet to payment by instnilments shall not exeeed . The
ORDINANCE NO.
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minimum semi-annual installment shall be-$1000. Installments shall include interest on the
unpaid balance at annual rate of 3% above the Federal Reserve prime rate. The date of rate
establishment will coincide with the date a building permit is issued for the development
utilizing the installment payment program. 6% for a five year installment loan or- 7% for
'n year installment lone. A one-year installment loan shall not be subject to an annual interest
rate provided all charges are paid pfier to the City s, within one year of issuance of the
Certificate of Occupancy, or by time of sale, orwithin one year of when the eharg
imposed, whichever comes first.
Svstem development charge pavments for multiple-familv residential rental nroiects ma
be deferred through an installment loan which shall not be subject to an annual interest
rate provided all charges are Paid prior to two vears following the date of issuance of the
Certificate of Occupancy.
2. The installment application shall state that the applicant waives all irregularities or defects,
jurisdictional or otherwise, in the proceedings to cause the system development charge.
3. The application shall also contain a statement, by lots or blocks, or other convenient
description of the property meeting the requirements of ORS 93.600, subject to the charge.
4. A systems development charge subject to installment payments shall be chargeable as a lien
upon the property subject to the charge. Pursuant to ORS 93.643(2)(c), the City recorder shall
record notice of the installment payment contract with the Jackson County Clerk. The applicant
shall pay the recording charges. (Ord. 2791 § 5, amended, 1997; Ord. 2670, amended, 1992)
4.20.100 Exemptions
The conditions under which all or part of the systems development charges imposed in Section
4.20.040 may be waived are as follows:
A.Structures and uses established and legally existing on or before the effective date of this
ordinance are exempt from a system development charge, except water and sewer charges, to the
extent of the structure or use then existing and to the extent of the parcel of land as it is
constituted on that date. Structures and uses affected by this subsection shall pay the water or
sewer charges pursuant to the terms of this ordinance upon the receipt of a permit to connect to
the water or sewer system.
ORDINANCE NO. _
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B. Housing for low income or elderly persons which is exempt from real property taxes under
state law. (Ord. 2791 § 7, amended, 1997)
4.20.105 Deferrals for Affordable Housing
A. The systems development charge for the development of qualified affordable housing under
the City's affordable housing laws shall be deferred until the transfer of ownership to an
ineligible buyer occurs. Deferred systems development charges shall be secured by a second
mortgage acceptable to the City, bearing interest at not less than five percent per annum.
Accrued interest and principal shall be due on sale to an ineligible buyer.
B. The systems development charge and second mortgage for the development of qualified
affordable housing shall terminate 30 years after the issuance of a certificate of occupancy if the
housing unit(s) have continued to meet the affordable housing requirements during the 30 year
period. (Ord. 2791 § 8, amended, 1997; Ord. 2670, amended, 1992)
4.20.110 Credits
A. When development occurs that gives rise to a system development charge under Section
4.20.040 of this Chapter, the system development charge for the existing use shall be calculated
and if it is less than the system development charge for the proposed use, the difference between
the system development charge for the existing use and the system development charge for the
proposed use shall be the system development charge required under Section 4.20.040. If the
change is use results in the systems development charge for the proposed use being less than the
system development charge for the existing use, no system development charge shall be
required; however, no refund or credit shall be given.
B. The limitations on the use of credits contained in this Subsection shall not apply when credits
are otherwise given under Section 4.20. 110. A credit shall be given for the cost of a qualified
public improvement associated with a development. If a qualified public improvement is located
partially on and partially off the parcel of land that is the subject of the approval, the credit shall
be given only for the cost of the portion of the improvement not attributable wholly to the
development. The credit provided for by this Subsection shall be only for the improvement fee
charged for the type of improvement being constructed and shall not exceed the improvement fee
even if the cost of the capital improvement exceeds the applicable improvement fee. Credits paid
ORDINANCE NO. _
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as a permit for development will expire five years after paid. The credit shall be apportioned
equally among all single-family residential lots (where such credit was granted for subdivisions).
Credits for other types of developments shall be allocated to building permits on a first -come,
first served basis until the credit is depleted.
C. Applying the methodology adopted by resolution, the City Manager or designee shall grant a
credit against the improvement fee, for a capital improvement constructed as part of the
development that reduces the development's demand upon existing capital improvements or the
need for future capital improvements or that would otherwise have to be provided at City
expense under then existing Council policies.
D. Credits for additions to dedicated park land, or development of planned improvements on
dedicated park land, shall only be granted by the City Manager upon recommendation by the
Park and Recreation Commission for land or park development projects identified in the Capital
Improvement Plan, referred to in Section 4.20.070.B.
E. In situations where the amount of credit exceeds the amount of the system development
charge, the excess credit is not transferable to another development. It may be transferred to
another phase of the original development.
F. Credit shall not be transferable from one type of capital improvement to another. (Ord. 2791 §
9, amended, 1997)
4.20.120 Notification
A. The city shall maintain a list of persons who have made a written request for notification
prior to adoption or modification of a methodology for any system development charge. Written
notice shall be mailed to persons on the list as provide in sections 4.20.050 and 4.20.080. The
failure of a person on the list to receive a notice that was mailed does not invalidate the action of
the city.
B. The city may periodically delete names from the list, but at least thirty (30) days prior to
removing a name from the list, the city must notify the person whose name is to be deleted that a
new written request for notification is required if the person wishes to remain on the notification
list.
4.20.130 Segregation and Use of Revenue
ORDINANCE NO. _
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A. All SDC proceeds are to be segregated by accounting practices from all other funds of the
City. SDC proceeds shall be used only for capital improvement of the type for which they were
collected and authorized costs and overhead.
B. The City Manager shall provide the City Council with an annual accounting, based on the
City's fiscal year, for SDCs showing the total amount of SDC revenues collected for each type of
facility and the projects funded from each account in the previous fiscal year. A list of the
amounts spent on each project funded in whole or in part with SDC revenues shall be included in
the annual accounting.
C . The monies deposited into each SDC account shall be used solely as allowed by this chapter
and State law, including, but not limited to:
1. Design and construction plan preparation;
2. Permitting and fees;
3. Land, easements, and materials acquisition, including any cost of acquisition or
condemnation, including financing, legal and other costs;
4. Construction of capital improvements;
5. Design and construction of new utility facilities required by the construction of capital
improvements and structures;
6. Relocating utilities required by the construction of improvements;
7. Landscaping;
8. Construction management and inspection;
9. Surveys, soils, and materials testing;
10. Acquisition of capital equipment;
11. Repayment of monies transferred or borrowed from any budgetary fund of the City which
were used to fund any of the capital improvements as herein provided; and
12. Payment of principal and interest, necessary reserves and cost of issuance under bonds or
other indebtedness issued by the City to fund capital improvements.
4.20.140 Refunds
A. Refunds shall be given by the City Manager upon finding that there was a clerical error in
the calculation of a system development charge.
ORDINANCE NO. _
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B. Refunds shall not be allowed for failure to timely claim a credit under Section 4.20.110 of
this ordinance, or for failure to seek an alternative system development charge rate calculation at
the time of submission of an application for a building permit.
C. Refunds may be given on application of a permittee if the development did not occur and all
permits for the development have been withdrawn.
4.20.150 Appeal Procedures
A. As used in this Section "working day" means a day when the general offices of the City are
open to transact business with the public.
B. A person aggrieved by a decision required or permitted to be made by the City Manager or
designee under Sections 4.20.010 through 4.20.130 or a person challenging the propriety of an
expenditure of systems development charge revenues may appeal the decision or expenditure by
filing a written request with the City Recorder for consideration by the City Council. Such appeal
shall describe with particularity the decision or the expenditure from which the person appeals
and shall comply with subsection D of this section.
C. An appeal of an expenditure must be filed within two years of the date of alleged improper
expenditure. An appeal petition challenging the adopted methodology shall be filed not later than
sixty (60) days from the date of the adoption of the methodology._ Appeals of any other decision
must be filed within 10 working days of the date of the decision.
D. The appeal shall state:
1. The name and address of the appellant;
2. The nature of the determination being appealed;
3. The reason the determination is incorrect; and
4. What the correct determination should be.
An appellant who fails to file such a statement within the time permitted waives any objections,
and the appeal shall be dismissed.
E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within 30
days of the receipt of the written appeal. At least 10 working days prior to the hearing, the City
shall mail notice of the time and location thereof to the appellant.
F. The City Council shall hear and determine the appeal on the basis of the appellant's written
statement and any additional evidence the appellant deems appropriate. At the hearing, the
ORDINANCE NO. _
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appellant may present testimony and oral argument personally or by counsel. The City may
present written or oral testimony at this same hearing. The rules of evidence as used by courts of
law do not apply.
G. The appellant shall carry the burden of proving that the determination being appealed is
incorrect and what the correct determination should be.
H. The City Council shall render its decision within 15 days after the hearing date and the
decision of the Council shall be final. The decision shall be in writing but written findings shall
not be made or required unless the Council in its discretion, elects to make findings for
precedential purposes.
Any legal action contesting the Council's decision on the appeal shall be filed within 60 days of
the Council's decision. (Ord. 2791 § 10, amended, 1997)
4.20.160 Prohibited Connection
After the effective date of this chapter, no person may connect any premises for service, or cause
the same to be connected, to any sanitary sewer, water system, or storm sewer system of the City
unless the appropriate systems development charge has been paid or payment has been secured
as provided in this chapter.
4.20.170 Enforcement - Violation
Any service connected to the City water, sewer or storm sewer system after the effective date of
this chapter for which the fee due hereunder has not been paid as required or an adequate secured
arrangement for its payment has been made, is subject to termination of service under the City's
utility disconnect policy. In addition to any other remedy or penalty provided herein, any
connection to the City water, sewer or storm system made without payment as specified in this
Chapter shall be considered a Class I violation. (Ord. 3023, amended, 08/03/2010)
4.20.180 Classification of the Fee
System development charges as set forth in Chapter 4.20 of the Ashland Municipal Code are
classified as not subject to the limits of Section 1 lb of Article XI of the Oregon Constitution
(Ballot Measure No. 5) (Ord. 2791 § 11, amended, 1997)
ORDINANCE NO. _
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SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code,
and the word "ordinance" may be changed to "code", "article", "section", or another word, and
the sections of this Ordinance may be renumbered or re -lettered, provided however, that any
Whereas clauses and boilerplate provisions (i.e., Sections [No(s.)] need not be codified, and the
City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
of the City Charter on the day of , 204-9 2022, and duly PASSED and
ADOPTED this day of , 291 2022.
Melissa Huhtala, City Recorder
SIGNED and APPROVED this day of , 204-9 2022.
3sln StremberR Julie Akins, Mayor
Reviewed as to form:
David 14. Lehman Doug McGearv, Interim City Attorney
ORDINANCE NO.
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TRANSPORTATION RESEARCH RECORD 1168
A Study of Driver Noncompliance with
Traffic Signals
STEWART R. GORDON AND H. DOUGLAS ROBERTSON
There Is a perception among traffic engineers that driver non-
compliance with traffic control devices Is a significant problem.
Summarized in this paper are the results of a study of driver
noncompliance at 12 signalized Intersections in the Wash-
Ington, D.C., metropolitan area to determine whether driver
noncompliance is a problem and to define its relationship to
Intersection operatlonal characteristics and roadway features.
The results Indicated that driver noncompliance Is a problem
that requires attention. It was found that higher violation rates
occurred at Intersections with low annual average daily traffic
volume levels. These high violation rates were predominant on
one -lane approaches during the off-peak hours. A correlation
analysis Indicated moderately high associations between high
traffic signal violation rates and low traffic volumes. This
research study recommends that drivers, local police, and local
traffic engineers be Informed that driver noncompliance with
traffic signals is a problem with potential safety consequences
and should be addressed through education, Increased enforce-
ment, and the application of sound engineering principles.
Traffic engineers have expressed a growing concern over the
lack of driver compliance with traffic control devices in recent
years. Driver noncompliance with traffic control devices, es-
pecially regulatory control deviccs, has been increasing signifi-
cantly over the years. Drivers' apparent disregard for and
perhaps lack of confidence in traffic control devices has been
recognized by the American Association of State highway and
Transportation Officials' (AASHTO) Highway Subcommittee
on Traffic Engineering. The AASIITO Standing Committee on
Highways conducted a nationwide survey in October 1985 to
determine if a driver noncompliance problem exists and, if so,
what can be done to correct it. Surveys were sent to each state
and the District of Columbia traffic engineer, They were asked
to comment on motorist noncompliance with traffic control
devices. To the question "Is traffic control device non-
compliance a significant problem?" 34 of the 46 respondents
said "yes" while 12 states answered "no" M.
Other research studies in recent years have indicated that
specific traffic control devices are being violated more than
others. For example, studies have found that the violation rate
with stop signs has been increasing linearly since 1935 (2). In
another study it was found that the violation rate (i.e., not
stopping when required) increased from 0.1 percent to 0.6
percent when the signal configuration changed from regular
operation to flashing red (3). In another instance, the violation
S. R. Gordon, Iidwards and Kelcey, Inc., 70 South Orange Avenue,
Livingston, N.J. 07039. Current affiliation: Garmen Associates, 150
River Road, Building E, Montville, N.J. 07045. H. D. Robertson,
University of North Carolina at Charlotte, Civil lingineering Depart-
ment, Charlotte, N.C. 28223.
Exhibit E
rate increased by a factor of five when sign configurations
(a symbol only, instead of a symbol and message) were
changed (4).
The traffic control device violations may result from the
combined effects of human behavior characteristics and related
traffic operational characteristics. Such human factors might
include the driver age, vision, and perceived travel time. High-
way geometries and such traffic operation characteristics as
volume, type of regulatory control, and speed may also affect
driver noncompliance.
In order to develop solutions, however, the problem of driver
noncompliance must be defined in terms of where, when, how,
how much, how serious, and why. The objective of this study
was to determine the magnitude of driver noncompliance with
traffic signals at intersections as it related to roadway features
and traffic operational characteristics.
Driver noncompliance with traffic signals was studied at 12
intersections in Virginia, Maryland, and the District of Colum-
bia during June and July of 1986. Drivers were observed under
various operational conditions at signalized intersections dur-
ing the peak and off-peak day and nighttime hours. Violation
frequencies, operational characteristics, and roadway features
were recorded and analyzed. The results of this study, which
was sponsored by the Federal Highway Administration's Grad-
uate Research Fellowship Grant program, are documented fully
elsewhere (5).
METHODOLOGY
The experimental plan for determining the magnitude of driver
noncompliance with traffic signals was made up of five parts:
1. Measures of effectiveness (MOEs),
2. Sample size,
3. Site selection criteria,
4. Data collection procedures, and
5. An analysis plan.
Measures of Effectiveness
The principal MOEs were the four driver violation types de-
fined as follows. Each type was expressed in terms of hourly
frequency and rato—violations per 100 vehicles.
• Running the red signal (RUNRED)—the number of
through and left -turning vehicles entering the intersection past
the near curb line after the onset of the red signal indication.
• Right -turn -on -red (NOSTOP)—the number of right turn-
ing vehicles not coming to a complete stop during the red
signal indication.
i rego n
Kate Brown, Governor
December 6, 2022
Mr. Derek Severson
City of Ashland — Community Development
51 Winburn Way
Ashland, OR 97529
RE: PA-T3-2022-00004, 1511 Highway 99 North
Dear Mr. Severson,
Department of Transportation
Region 3 Planning and Programming
100 Antelope Drive
White City, Oregon 97503
Phone: (541) 774-6299
Thank you for providing the Oregon Department of Transportation ( "ODOT") with the opportunity to provide comments
associated with the proposed annexation and zone change of approximately 16.86 acres at 1511 Highway 99 North
("Subject Property").
When evaluating development proposals adjacent to ODOT managed transportation facilities, we assess the existing and
proposed conditions of the site. This evaluation includes review of the proposed use in relation to the local jurisdiction
Transportation System Plan ("TSP"). Standards defining pedestrian and bicycle improvements are identified in the City's
TSP and in ODOT's Highway Design Manual.
In review of proposals for development within Urban Growth Boundaries ODOT typically recommends that the local
jurisdiction require curb, sidewalk and bikeway frontage improvements consistent with the local transportation system
plan along the site's highway frontage.
In this instance, bicycle facilities were installed along the Highway 99 corridor during the roadway reconfiguration which
restriped the 4 lane Highway cross section to a 3 lane configuration with buffered bike lanes and striped shoulder facilities
a few years ago. Pedestrian sidewalk facilities currently do not exist along the parcel frontage and ODOT has
recommended the City require installation of frontage improvements consistent with the City code and the TSP, a
southbound transit stop and a RRFB and striped crossing to connect with a northbound transit stop south of the Subject
Property.
Please feel free to contact me at Micah.HOROWITZna_,odot.state.or.us or 541-774-6331 should you have any questions or
concerns.
Sincerely,
Ne-0,4 110,W64,1
Micah Horowitz, AICP
Senior Transportation Planner
Michael Sullivan
From: Alex Knecht <alex@pacificwallsystems.com>
Sent: Tuesday, December 06, 2022 7:21 PM
To: Public Testimony
Subject: Annexation
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL SENDER]
We have been ashland residents for over 40 years and apreciate the need for good solid safe affordable housing. The
project proposed should be approved as we hope you will do so again.
Thank You,
Alex Knecht
WWW.Pacificwallsystems.com
541-664-1214
ASHLAND
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
07/06/2021
11 / 16/2021
04/06/2021
07/ 19/2021
11 /23/2021
04/ 19/2021
07/20/2021
12/ 10/2021
04/20/2021
08/02/2021
12/21 /2021
05/03/2021
08/03/2021
05/04/2021
08/ 16/2021
05/ 13/2021
08/ 17/2021
05/ 17/2021
09/07/2021
05/ 18/2021
09/20/2021
06/01 /2021
11 /01 /2021
06/ 14/2021
11 /02/2021
06/ 15/2021
11 / 11 /2021
06/29/2021
11 / 15/2021
2022 Meetings
01/03/2022
04/05/2022
08/01/2022
12/05/2022
01/04/2022
04/19/2022
08/15/2022
12/06/2022
01 / 18/2022
05/02/2022
09/06/2022
12/ 19/2022
01/31/2022
05/03/2022
09/19.2022
12/20/2022
02/01/2022
05/16/2022.
10/03/2022
02/14/2022
05-17-2022
10/04/2022
02/15/2022
06-06-2022
10/17/2022
02/28/2022
06/07/2022
10/18/2022
03/01/2022
06/21/2022
10/31/2022
03/14/2022
07/05/2022
11/01/2022
03/15/2022
07/18/2022
11/14/2022
City Recorder Melissa Huhtala
'��Aj,-
Mayor Ton a Graham
LEGAL DEPARTMENT
20 East Main Street Tel: 541.488.5350 doua.mcgSo[yrgashland.or.us
Ashland, Oregon 97520 Fax 541.552.2092 carmel:zahranna ashland.or.us .
ashlond.or.us TTY: 800.735.2900 dano.smithna ashland.or.us ,�
1;
IM
*A-w
LIZ
Emergency Shelter
A Brief Discussion
r
February 17, 2023
Why Does the City Provide
Emergency Weather
Resolution 2022-33
Sheltering
Establishes the need for City involvement as a
protective Health & Public safety measure
Sets parameters for when the City will call a
shelter
The City of Ashland Experiences severe
weather conditions throughout the year
• Summer - excessive heat & air quality
(980 or above temperature and unhealthy air quality)
• Winter - freezing & severe weather conditions
(320 or below temperature)
Fr
a ,90VAa
What Does the City Provide to support
Emergency Weather Sheltering
Funding
• The City has provided funding to support emergency weather shelter in prior years
• 2021 - $317, 716
o CDBG / CDBG CARES / Housing Trust Fund
o Activities: Winter Sheltering, Covid Safe Meals, and Emergency Shelter, etc.
• 2022 - $805, 040
o CDBG / CDBG CARES / ESG-CV / Housing Trust Fund
o Activities: Winter Sheltering, Covid Safe Meals, rent assistance, remodeling at OHRA
shelter, etc.
• 2023 - $344,613
o CDBG / CDBG CARES / Housing Trust Fund
o Activities: winter shelter operations, case mgt. of homeless youth, and an ADA
elevator.
• City recently allocated $100K from the General Fund for emergency shelter services
this Winter
What Does the City Provide to support
Emergency Weather Sheltering
City Coordination
• Planning, coordination, and implementation
• Communication and coordination with the public and other agencies
• Access to resources coordination/facilitation as needed basis
Location
• Often provides City facility to host the shelter
Lack of City Facilities
City facilities used for emergency sheltering have become inadequate
Pioneer Hall and The Community Center
• Neither building was designed for providing shelter overnight
• Configuration hinders oversight, limits congregate separations
• Aging and in need of repair/updating
• Scheduled for extensive repairs in Spring 2023 - unavailable for much of year
The Grove
• Not suitable for ongoing overnight sheltering
• Lacks kitchen & laundry, limits congregate separations, City operation offices
• Sheltering disrupts community use scheduling and programming
• Currently only recreational facility available for general community use
• Income generating for the City
Other City Owned Properties
• Other City facilities not viable options for overnight shelter
In the Short Term
The City needs to find a
location that:
• Serves the city as an
emergency event
shelter resource, and
• Fills the need for an
overnight severe
weather shelter for next
winter.
Criteria for a potential Emergency Shelter Location
There are several criteria an emergency event shelter site/location should have -
Accommodate priority
Emergency shelter/event congregate
Supply distribution/management
• Near transit —within walking distance to a bus stop (1 /4 mile)
• Near existing retail — within walking distance (groceries & personal items)
• Access to City utilities (water, sewer, electric)
• Located outside of natural hazard areas
(floodplain, steeps slopes, vulnerable to wildfire, inaccessible in severe weather)
• Allow flexible/multiple functional use (pallet houses, temp. car camping)
Criteria for a potential Emergency Shelter Location
HB 2006 allows the use of property for the homeless within the Urban Growth Boundary
(UGB; zoning exemption) with the following provisions:
• Applies to any land use zone in City or UGB
• Has adequate transportation to commercial & medical services
• Does not pose reasonable risk to public health or safety
• Includes sleeping and restroom facilities
• Complies with applicable building codes
• HB 2006 sunsets on June 30, 2023, if not extended by legislature
Direct Staff to search for and return list of suitable sites
for Council consideration
ILI
QUESTIONS?
Council Business Meeting
January 17, 2023
Agenda Item
Approval of Liquor License Request for Mas Southern Oregon LLC
From
Melissa Huhtala
City Recorder
Contact
Melissa. huhtalaCaD-ashland.or.us; (541) 552-2084
SUMMARY
This is a request for approval of a liquor license application for Mas Southern Oregon LLC, 140 Lithia Way,
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 Full -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 Mas Southern Oregon LLC.
REFERENCES & ATTACHMENTS
Attachment 1: Application
Page 1 of 1
CITY OF
-ASH LAN D
LIQUOR LICENSE APPLICATION
Page 1 of 3
Check the appropriate license request option:
❑ New Outlet I ❑ Change of Ownership I IZ 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
VCommercial
❑Caterer
❑Public Passenger Carrier
❑Other Public Location
❑For Profit Private Club
❑Nonprofit Private Club
Winery
❑Primary location
Additional locations: ❑2nd ❑3rd ❑4th ❑5th
Brewery
❑Primary location
Additional locations: ❑2nd ❑3rd
Brewery -Public House
❑Primary location
Additional locations: ❑2nd ❑3rd
Grower Sales Privilege
❑Primary location
Additional locations: ❑2nd ❑3rd
Distillery
❑ Primary location
Additional tasting locations: ❑2nd ❑3rd ❑4th ❑5th ❑6th
❑ Limited On -Premises
❑ Off Premises
❑ Warehouse
❑ Wholesale Malt Beverage and Wine
INTERNAL USE ONLY
Application received:
10/24/2022
Minimum documents acquired:
10/24/2022
LOCAL GOVERNING BODY USE ONLY
City/County name:
Date application received:
Optional: Date Stamp
❑ Recommend this license be granted
❑ Recommend this license be denied
Printed Name Date
Return this form to:
Investigator name:
Leah Gessel
Email:
leah.gesseI@oregon.gov
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:
Mas Southern Oregon 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):
Nama
Business phone number: Business email:
541 6259476 �josh@masashland.com
Premises street address (The physical location of the business and where the liquor license will be posted):
140 Lithia Way
City: Zip Code: County:
Ashland 97520 Jackson
Business mailing address (where we will send any items by mail as described in OAR 845-004-0065f11.):
141 Will Dodge Way
City: State:
Ashland �OR
Does the business address currently have an OLCC
liquor license? V Yes ❑ No
APPLICATION CONTACT INFORMATION
Contact Name:
Joshua Dorcak
Phone number:
541 625 9476
Mailing address:
City:
Zip Code:
Does the business address currently have an OLCC
marijuana license? ❑ Yes ❑ No
Email:
ash@masashland.com
Zip Code:
Please note: liquor license applications are public records.
County:
OLCC Liquor License Application (Rev. 04.1 s.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 I 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.
Joshua Dorcak
10/22/22
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)
Print name
Signature
Date
Atty. Bar Info (if applicable)
OLCC Liquor License Application (Rev. 04.15.22)
ON UQel-
nl OLCCJ,
OREGON LIQUOR CONTROL COMMISSION
INDIVIDUAL HISTORY FORM
PRINT FORM
RESET FORM
1. Name (Print):
Dorcak
Joshua
Mark
Last
First
Middle
2. Other names used (maiden, other):
3. Do you have a Social Security Number (SSN) issued by the United States Social Security Administration? YesEl 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: ✓1
5. Date of Birth (DOB):
(mm) (dd) (yyyy)
6. Driver License or State ID #i-
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?
FX El
No Yes -D (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.
No CCH or DMV since 2021 application 12.21.2022. LG
Rev. 1.8.21 Page 2 of 3
OREGON LIQUOR CONTROL COMMISSION
INDIVIDUAL HISTORY FORM
NZ7
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 FX Yes F 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 JX Yes F Please list licenses (and year(s) licensed) below Unsure Please include an explanation:
14. Do you or any entity that you are a part of, have any other liquor license applications pending with the OLCC?
No F Yes 171 Please list applications below Unsure -D Please include an explanation:
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):
Dorcak
Last
Joshua
First
Mark
Middle
Signature:
10/22/22
Date:
This box for OLCC use ONLY
Yes Does the individual currently hold, or has the individual previously held, an OLCC- issued liquor license?
Rev. 1.8.21 Page 3 of 3
92� OREGON LIQUOR CONTROL COMMISSION
BUSINESS INFORMATION
Please Print or Type
Applicant Name: Mas Southern Oregon LLC Phone: 5416259476
Trade Name (dba): Nama
Business Location Address: 140 Lithia Way
City:Ashland
ZIP Code:97520
Business Hours:
Outdoor Area Hours:
The outdoor area is used for:
Sunday 5pm
to 1OPm
Sunday
to
❑ Food service Hours: to
Monday
to
Monday
to
❑ Alcohol service Hours: to
Tuesday
to
Tuesday
to
❑ Enclosed, how
Wednesday
to
Wednesday
to
Thursday 5pm
to WPM
Thursday
to
The exterior area is adequately viewed and/or
Friday 5Pm
to topm
Friday
to
supervised by Service Permittees.
Saturday 5pm
to lopm
Saturday
to
(Investigator's Initials)
Seasonal Variations: ❑ Yes m No If yes, explain:
❑
-
Live Music
Check all that apply:
❑ Karaoke
• •
ElRecorded
Music
El Coin -operated Games
Sunday to
Monday to
❑
DJ Music
❑ Video Lottery Machines
Tuesday to
Wednesday to
❑
Dancing
❑ Social Gaming
Thursday to
❑
❑
Friday to
Nude Entertainers
Pool Tables
Saturday to
❑ Other:
Restaurant: 30
Lounge:
Banquet:
Outdoor:
Other (explain):
Total Seating: 30
OLCC USE ONLY
Investigator Verified Seating:(Y) X (N)
Investigator Initials: L
Date: 12/21/2022
I understand if my answers are no�Ir
mplete, the OLCC may deny my license application.
Applicant Signature: Date:10/22/22
1-800-452-OLCC (6522)
www. oregon.gov/olcc (rev. 12107)
Council Business Meeting
January 17, 2023
Agenda Item First Reading of Ordinance 3217 - Middle Housing Land Division Ordinance
From Brandon Goldman Interim Director of Community Development
Derek Severson I Senior Planner
I Contact ( Brandon.goldmanC�ashland. or. us (541) 552-2076 I
Derek.severson�a)-ashland.or.us (541) 552-2040
SUMMARY
The proposed ordinance would amend the Ashland Land Use Ordinance to implement the requirements of
Oregon Senate Bill 458 by adding section 18.5.1.075 "Middle Housing Land Divisions" and section
18.5.3.140 "Middle Housing Land Divisions." Senate Bill 458 became effective on June 30, 2022, and under
the Senate Bill cities are required to implement directly from the bill until local code modifications are put in
place.
POLICIES, PLANS & GOALS SUPPORTED
Comprehensive Plan, Housing Element (6.10.01.1 & .3, and 6.10.02)
Climate Energy Action Plan (CEAP ULT-4-2)
City Council Biennial Goals 2019-2021
PREVIOUS COUNCIL ACTION
This item was previously scheduled for review on January 3rd, 2023, but due to insufficient time for the
public hearing, deliberation, and decision by council, was postponed to this meeting on January 17, 2023.
House Bill 2001 took effect on August 8, 2019 and required cities of Ashland's size to allow duplexes on
residentially -zoned lots that allow development of detached single-family dwellings, and to have approval
processes and standards for duplexes that are no more restrictive than those applied to detached single-family
dwellings.
The Council adopted these required code changes as Ordinance #3199 on June 15, 2021. With these code
changes adopted in response to House Bill 2001, duplexes are defined as two units on one lot in any
configuration, two off-street parking spaces are required, and the required parking cannot be addressed
through on -street parking credits. Duplexes satisfying these requirements are approved with a building
permit and do not require a separate land use action.
BACKGROUND AND ADDITIONAL INFORMATION
Oregon Senate Bill 458 provides a process for lot divisions to allow home ownership opportunities for
middle housing units built under the middle housing allowances of House Bill 2001 which for cities of
Ashland's size were limited to duplexes. Senate Bill 458 does not apply to accessory residential units, and
the ordinance here is limited to duplexes.
A Middle Housing Land Division (MHLD) allows a lot with a duplex in place or proposed to be split so that
there would be one duplex unit per lot, except that common areas may be located on a separate lot or a shared
tract. Separate utilities are required for each unit, and easements are required to be provided for pedestrian
access; any common areas; driveways and parking areas, if shared; and utilities. An MHLD proposal must
demonstrate that it meets the requirements of the Oregon Residential Specialty Code. For example, if an
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-ASH LAN D
attached duplex is being divided, there must be firewall construction between the two units. In a typical land
division, the land division is approved, infrastructure installed and plat signed prior to building permits being
reviewed and issued for construction. A Middle Housing Land Division may occur prior to submission of an
application for building permits, after a middle housing development is approved for development, or after it
is constructed. Senate Bill 458 gives cities the option of allowing concurrent review of building permits and
the land division, but in any case, Middle Housing Land Division applications must include a middle housing
development (either proposed or already built) that complies with the building code and the City's middle
housing development code.
Under Senate Bill 458, cities may require the submittal of tentative & final plats for approval, review for
Oregon Residential Specialty Code compliance, and require right-of-way dedications and city -standard street
frontage improvements. Cities may not apply any approval criteria other than the approval criteria specified
in Senate Bill 458 to applications for an MHLD — i.e. the allowable criteria include the City's standards for
middle housing development, separate utilities, easements, one dwelling on each lot, and building code
compliance.
Senate Bill 458 provides for these Middle Housing Land Divisions to be processed through the Expedited
Land Divisions (ELD) procedure established in the Oregon Revised Statutes. Expedited Land Divisions are
not considered to be land use actions and as such cannot be appealed to the Planning Commission. Instead,
an initial administrative decision by the Staff Advisor (Community Development Director or their designee)
could be appealed to a referee/hearings officer, and would not be subject to appeal to the Oregon Land Use
Board of Appeals (LUBA).
The Planning Commission has previously discussed these code amendments in response to Senate Bill 458 at
two public meetings on May 10, 2022 and June 14, 2022, and conducted a public hearing on November 22,
2022. The Planning Commission recommended approval of the attached ordinance.
FISCAL IMPACTS
The Senate Bill requires appeals to be handled by a referee or hearings officer who cannot be a city staff
person or member of the Planning Commission. As such, the city will need to keep a hearings officer on
retainer. The actual per appeal cost of a hearing officer will not be known until the City solicits for this
support but a cost of approximately $150-$200 per hour is normal for the region. Assuming hearing plus
document preparation time will be between 4-5 hours, a hearing may cost the city between $600-$1000.
Community Development staff believes that the number of applications under the Senate Bill is likely be
limited, and that there will be few appeals, because approval equates to the division of units that are already
built or which could be built without notice to neighbors, independent of the approval of the middle housing
land division. Staff estimate the City would not exceed three (3) appeals in FY 2023-2024 for an estimated
annual hearing expense of $1,80043,000 for the hearing officer costs.
The hearings officer will assess costs of the appeal, up to a maximum of $500, against appellants who do not
materially improve their position through the appeal hearing, and the city will be responsible for remaining
costs of each hearing. Appeal application fees will be established based on hearing officer and
corresponding administration support costs. The application fees will be reviewed annually.
STAFF RECOMMENDATION
Staff concurs with the Planning Commission and recommends that the Council approve the proposed
ordinance.
Page 2 of 3
CITY OF
-ASH LAN D
ACTIONS, OPTIONS & POTENTIAL MOTIONS
The Council can choose to conduct the first reading and to approve the proposed ordinance as recommended
by the Planning Commission or with modifications and move the ordinance to second reading, or choose not
to adopt the ordinance. However, Senate Bill requires the city to implement directly from the bill until local
code modifications are in place. Adopting the proposed City ordinance will enable a smoother
implementation for Ashland citizens and City staff of SB 458's requirments. The Council will also need to
adopt written findings formalizing tonight's decision. Recommended motion:
❑ I move approval of first reading of Ordinance 3217 and scheduling of its second reading and
adoption of written findings for February 21, 2023.
REFERENCES & ATTACHMENTS
Attachment 1: Draft Ordinance 3217- An Ordinance Amending The Ashland Land Use Ordinance to
Implement The Requirements of Oregon Senate Bill 458 By Adding Section 18.5.1.075 "Middle Housing
Land Divisions" And Section 18.5.3.140 "Middle Housing Land Divisions."
Attachment 2: November 22, 2022 Planning Commission minutes
Attachment 3: Staff Report to the Planning Commission
Attachment 4: Senate Bill 458
Page 3 of 3
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-ASH LAN D
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ORDINANCE NO.3217
AN ORDINANCE AMENDING THE ASHLAND LAND USE ORDIANCE
TO IMPLEMENT THE REQUIREMENTS OF OREGON SENATE BILL
458 BY ADDING SECTION 18.5.1.075 "MIDDLE HOUSING LAND
DIVISIONS" AND SECTIONS 18.5.3.140 "MIDDLE HOUSING LAND
DIVISIONS."
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Cily of
Beaverton v. International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS, Senate Bill (SB) 458 "relating to land division for residential development;
creating new provisions; and amending ORS 93.277, 94.775, 94.776, 197.365, 197.370, 197.375
and 197.380" was passed at the 81" Oregon Legislative Assembly, 2021 Regular Session, and
became effective on June 30, 2022. SB 458 requires cities to approve a tentative plan for a
middle housing land division if the application includes a proposal for the development of
middle housing in compliance with the Oregon residential specialty code and with the land use
regulations applicable to the original lot or parcel allowed under ORS 197.758(5); separate
utilities for each dwelling unit; proposed easements necessary for each dwelling in the plan for
utilities, pedestrian access, common use areas or shared building elements, driveways or parking,
and dedicated common areas; exactly one dwelling unit per lot except for lots, parcels or tracts
used as common areas; and evidence demonstrating how buildings will comply with applicable
building code provisions relating to new property lines, and notwithstanding the creation of new
lots or parcels, how buildings on new lots will comply with the Oregon residential specialty
code.
ORDINANCE NO.
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WHEREAS, the City of Ashland Planning Commission considered the above -referenced
recommended amendments to the Ashland Land Use Ordinance at a duly advertised public
hearings on November 22, 2022, and following deliberations, unanimously recommended
approval of the amendments; and
WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing
on the above -referenced amendments on January 3, 2023; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS, the City Council of the City of Ashland has determined that in order to meet the
requirements of state law and protect and benefit the health, safety and welfare of existing and
future residents of the City, it is necessary to amend the Ashland Land Use Ordinance in the
manner proposed, that an adequate factual base exists for the amendments, the amendments are
consistent with the Ashland Comprehensive Plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Ashland Municipal Code Title 18 Land Use is hereby amended as follows.
SECTION 2. Section 18.5.1.0750 [Middle Housing Land Divisions] is hereby added to the
Ashland Land Use Ordinance to read as follows:
Section 18.5.1.075 Middle Housing Land Divisions (MHLD)
Middle Housing Land Division decisions are made by the Staff Advisor using the Expedited
Land Division procedure detailed below. Middle Housing Land Divisions may be appealed to a
referee/hearings officer. Middle Housing Land Divisions are not a land use or limited land use
decision.
A. Procedural Handling. Unless the applicant requests to use the land partition procedures in
ALUO 18.5.3.030, Middle Housing Land Divisions shall be processed under the Expedited
Land Divisions procedure from ORS 197.360 to 197.380 as detailed below:
ORDINANCE NO.
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Pre -Application Conference. A pre -application conference is voluntary for a Middle
Housing Land Division.
Application Requirements. Applications for development permits shall be submitted
upon forms established by the Staff Advisor. Applications will not be accepted in partial
submittals, and all of the following items must be submitted to initiate completeness
review:
a. Application Form and Fee. Applications for Middle Housing Land Divisions shall be
made on forms provided by the Staff Advisor. One or more property owners of the
property for which the planning action is requested, and their authorized agent, as
applicable, must sign the application. The application shall not be considered
complete unless the appropriate application fee accompanies it.
b. Submittal Information. The application shall include all of the following information.
i. The information requested on the application form.
ii. Drawings and supplementary materials for Preliminary Plat as required in ALUO
18.5.3.040. B.
iii. A narrative explanation of how the application satisfies each and all of the
relevant criteria and standards in ALUO 18.5.3.140.C.1.
iv. Additional materials necessary to demonstrate compliance with the Oregon
residential specialty code.
V. Information demonstrating compliance with all prior approvals and conditions of
approval for the parent lot or parcel, as applicable.
3. Completeness review. The Staff Advisor shall review the application submittal and
advise the applicant in writing whether the application is complete or incomplete within
twenty-one (21) calendar days after the city receives the application submittal.
a. Incompleteness shall be based solely on failure to pay required fees, failure of the
applicant's narrative to address the relevant criteria or development standards, or
failure to supply the required submittal information and shall not be based on
differences of opinion as to the quality or accuracy of the information provided.
Determination that an application is complete indicates only that the application
contains the information necessary for a qualitative review of compliance with the
applicable criteria and standards.
b. If the application was complete when first submitted or the applicant submits the
additional information within 180 days of the date the application was first submitted,
approval or denial of the application shall be based upon the applicable criteria and
standards that were in effect at the time the application was first submitted.
c. If an application is incomplete, the completeness notice shall list what information is
missing and allow the applicant to submit the missing information. The
completeness notice shall include a form, designed to be returned to the Staff
Advisor by the applicant, indicating whether or not the applicant intends to amend or
supplement the application. For purposes of computation of time under this section,
the application shall be deemed complete on the date the applicant submits the
requested information or refuses in writing to submit it.
4. Notification.
ORDINANCE NO.
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a. Mailinq of Notice of Complete Application. The Staff Advisor shall provide written
notice of the receipt of the completed application for a Middle Housing Land division
to:
i. The applicant and/or authorized representative.
ii. The owner(s) of record of the subject property.
iii. Neighborhood group(s) or community organization(s) officially recognized by the
City whose boundaries include or are within one hundred (100) feet of the subject
property.
iv. Owners of record for properties located within one hundred (100) feet of the
perimeter of the subject property.
V. Affected city departments, governmental agencies or special districts responsible
for providing public facilities or services which is entitled to notice under an
intergovernmental agreement with the City which includes provision for such
notice or is otherwise entitled to such notice.
b. Content of Notice of Complete Application. The notice of the receipt of the
completed application shall include all of the following:
i. The street address or other easily understood geographical reference to the
subject property.
ii. A summary of the proposal.
iii. The time and place where copies of all evidence submitted by the applicant will
be available for review.
iv. The applicable criteria for the decision, listed by commonly used citation.
V. The name and telephone number of a local government contact person.
vi. A brief summary of the local decision -making process for the Middle Housing
Land Division.
vii. A statement that issues that may provide the basis for an appeal to the hearings
officer must be raised in writing prior to the expiration of the comment period;
viii. A statement that issues must be raised with sufficient specificity to enable the
local government to respond to the issue.
ix. The place, date and time that comments are due.
c. Certification of Notices. The City shall prepare an affidavit or other certification
stating the date(s) the notices were mailed and posted, which shall be made a part of
the file.
d. Comment Period. After notification according to the procedure set out above, the
Staff Advisor shall provide a 14-day period for submission of written comments prior
to the decision.
5. Decision: The Staff Advisor shall make a decision to approve or deny the application
within 63 days of receiving a completed application, based on whether the application
satisfies the substantive requirements of ALUO 18.5.3.140.C.
a. Approval may include conditions to ensure that the application complies with the
applicable criteria and standards for Middle Housing Land Divisions.
b. For Middle Housing Land Divisions, the Staff Advisor:
i. Shall not hold a hearing on the application; and
ORDINANCE NO.
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ii. Shall issue a written determination of compliance or noncompliance with
applicable criteria and standards for Middle Housing Land Divisions that
includes a summary statement explaining the determination.
c. The decision shall include a statement of the facts the Staff Advisor relied upon to
determine whether the application satisfied or failed to satisfy each applicable
approval criteria.
d. Notice of the decision shall be provided to the applicant and to those who received
notice under subsection (4) of this section within sixty-three (63) days of the date of a
completed application. The notice of decision shall include:
i. The summary statement described in (5)(b) of this subsection; and
ii. An explanation of appeal rights under ORS 197.375 ('Appeal of decision
on application for expedited land division').
6. Appeals: An appeal of the Staff Advisor's decision made under this section shall be
made as follows:
a. An appeal must be filed within fourteen (14) days of mailing of the notice of the
decision and be accompanied by a $300 deposit toward the cost of an appeal
hearing. This deposit shall be refunded if the appellant materially improves his or her
position from the Staff Advisor's decision. The referee shall assess the cost of the
appeal in excess of the deposit for costs, up to a maximum of $500, against an
appellant who does not materially improve his or her position from the decision of the
Staff Advisor.
b. A decision may be appealed by:
i. The applicant.
ii. Any person or organization who filed written comments within the 14-day
comment period.
c. An appeal shall be based solely on allegations:
i. Of violation of the substantive provisions of the applicable criteria and standards;
ii. Of the unconstitutionality of the decision;
iii. That the application is not eligible for review as a Middle Housing Land Division
under ALUO 18.5.3.140 or as an Expedited Land Division under ORS 197.360 to
197.380 and should instead be reviewed as a land use decision or limited land
use decision; or
iv. That the parties' substantive rights have been substantially prejudiced by an error
in procedure.
d. The City of Ashland's hearings officer is designated as the referee for appeals of a
decision made under this section and ORS 197.360 and 197.365.
e. Within seven days of receiving the appeal, the City, on behalf of the hearings officer,
shall notify the applicant, the appellant if other than the applicant, any person or
organization entitled to notice under ALUO 18.5.1.075.D.4.a that provided written
comments to the local government and all providers of public facilities and services
entitled to notice under ALUO 18.5.1.075.D.4.a and advise them of the manner in
which they may participate in the appeal. A person or organization that provided
written comments to the local government but did not file an appeal under subsection
ORDINANCE NO.
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(6) of this section may participate only with respect to the issues raised in the written
comments submitted by that person or organization. The hearings officer may use
any procedure for decision -making consistent with the interests of the parties to
ensure a fair opportunity to present information and argument. The hearings officer
shall provide the local government an opportunity to explain its decision but is not
limited to reviewing the local government decision and may consider information not
presented to the local government.
The hearings officer shall apply the substantive requirements of ALUO 18.5.3.140.0
and ORS 197.360. If the hearings officer determines that the application does not
qualify as an Expedited Land Division under ORS 197.360 or a Middle Housing Land
Division under ALUO 18.5.3.140, the hearings officer shall remand the application for
consideration as a land use decision or limited land use decision. In all other cases,
the hearings officer shall seek to identify means by which the application can satisfy
the applicable requirements.
The hearings officer shall not reduce the density of the land division application.
The hearings officer shall make a written decision approving or denying the
application or approving it with conditions designed to ensure that the application
satisfies the applicable criteria and standards, within 42 days of the filing of an
appeal. The hearings officer shall not remand the application to the local government
for any reason other than as set forth in this subsection.
Unless the City Council finds exigent circumstances, a hearings officer who fails to
issue a written decision within 42 days of the filing of an appeal shall receive no
compensation for service as hearings officer in the appeal.
Notwithstanding any other provision of law, the hearings officer shall order the local
government to refund the deposit for costs to an appellant who materially improves
his or her position from the decision of the local government. The hearings officer
shall assess the cost of the appeal, up to a maximum of $500, against an appellant
who does not materially improve his or her position from the decision of the local
government. The local government shall pay the portion of the costs of the appeal
not assessed against the appellant. The costs of the appeal include the
compensation paid the hearings officer and costs incurred by the local government,
but not the costs of other parties.
The Land Use Board of Appeals (LUBA) does not have jurisdiction to consider any
decisions, aspects of decisions or actions made for Middle Housing Land Divisions
under ALUO 18.5.3.140 or Expedited Land Divisions under ORS 197.360 to
197.380.
Any party to a proceeding before a hearings officer under this section may seek
judicial review of the hearings officer's decision in the manner provided for review of
final orders of the Land Use Board of Appeals (LUBA) under ORS 197.850 and
197.855. The Court of Appeals shall review decisions of the hearings officer in the
same manner as provided for review of final orders of the Land Use Board of
Appeals (LUBA) in those statutes. However, notwithstanding ORS 197.850(9) or any
other provision of law, the court shall reverse or remand the decision only if the court
finds:
That the decision does not concern Middle Housing Land Divisions under ALUO
18.5.3.140 or Expedited Land Divisions under ORS 197.360 and the appellant
raised this issue in proceedings before the hearings officer;
That there is a basis to vacate the decision as described in ORS 36.705(1)(a) to
(d), or a basis for modification or correction of an award as described in ORS
36.710; or
ORDINANCE NO.
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iii. That the decision is unconstitutional.
SECTION 3. Section 18.5.3.140 [Middle Housing Land Divisions] is hereby added to the
Ashland Land Use Ordinance to read as follows:
Section 18.5.3.140 Middle Housing Land Divisions (MHLD)
A. Purpose. The Middle Housing Land Divisions (MHLD) process seeks to provide home
ownership opportunities by allowing lots with middle housing to be divided so that each
middle housing dwelling unit is on its own lot. As used in this section, a "Middle Housing
Land Division" is the division of a lot or parcel on which the development of middle housing
has been is allowed under ORS 197.758(3). For cities with populations of between 10,000
and 25,000 such as Ashland, the middle housing types allowed under ORS 197.758(3) is
limited to duplexes. A Middle Housing Land Division includes both a preliminary plat
approval and a final plat and is not considered a land use decision or a limited land use
decision under ORS 197.015.
B. Applicability and General Requirements.
1. Lots in residential zones including R-1, R-1-3.5, RR, WR, R-2, R-3, NN, and NM zones
containing duplexes permitted on or after July 1, 2022 may be divided using the Middle
Housing Land Divisions process outlined in this section.
2. The Middle Housing Land Divisions process in ALUO 18.5.3.140 shall be used unless
the applicant requests to use the standard partition procedures in ALUO 18.5.3.030.
3. The Middle Housing Land Divisions process in ALUO 18.5.3.140 may not be used to
create separate lots for Accessory Residential Units.
C. Middle Housing Land Divisions Preliminary Plat Approval Process
1. Approval Criteria. The Staff Advisor shall approve a Middle Housing Land Division
preliminary plat upon finding:
a. The parent parcel is developed with middle housing allowed under ORS 197.758(3)
or the application for a Middle Housing Land Division is being made concurrently with
a building permit application for construction of middle housing under ORS
197.758(3) on the parcel.
b. Each resulting middle housing lot or parcel shall contain no more than one middle
housing dwelling unit except for lots, parcels, or tracts proposed as common area.
c. Accessory Residential Units (ARU) are not permitted on middle housing lots or
parcels created under this section.
d. Each lot is served with its own separate utilities.
e. All easements necessary for each middle housing dwelling unit shall be identified on
the plat. Easements shall be provided to ensure:
i. Provision of and access for maintenance and replacement of all utilities;
ii. Pedestrian access from each dwelling unit to a public or private street;
iii. All dedicated driveways, parking, common use areas or shared building elements
and dedicated common areas can be accessed and used.
f. Evidence submitted by the applicant demonstrates how buildings or structures on the
resulting lots or parcels will comply with applicable building codes provisions relating
ORDINANCE NO.
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to new property lines and, notwithstanding the creation of new lots or parcels, how
structures or buildings located on the newly created lots or parcels will comply with
the Oregon Residential Specialty Code.
2. The Staff Advisor shall apply additional conditions to the approval of a tentative plat for a
Middle Housing Land Division to:
a. Prohibit the further division of the resulting middle housing lots or parcels.
b. Require that a notation appear on the final plat indicating that approval was given
under ALUO 18.5.3.140 Middle Housing Land Divisions.
3. The type of middle housing developed on the original parent parcel is not altered by a
Middle Housing Land Division. The newly created middle housing lots are created within
a legal parent lot solely for the purpose of providing ownership opportunities, and these
new middle housing lots are not granted additional development rights and must be
maintained to meet the criteria applicable to the "parent lot" (height, lot coverage, open
space, etc.). A duplex divided into two middle housing lots is still considered part of the
original duplex and subject to all conditions of the original duplex approval.
4. Where the parent lot or parcel abuts a public street and dedication or frontage
improvements consistent with ALUO 18.4.6.040.F were not provided when the lot or
parcel was created, necessary right-of-way and street frontage improvements shall be
provided to meet the Street Design Standards.
5. The access and minimum street frontage standards in ALUO 18.2.4.010 shall not apply
to Middle Housing Land Divisions.
6. There shall be no minimum area or dimensional requirements for lots resulting from a
MHLD.
7. The Staff Advisor shall not require a final plat before building permits are issued.
D. Middle Housing Land Divisions Final Plat
1. The final plat shall comply with the Middle Housing Land Division preliminary plat
conditions of approval.
2. The following data requirements, if applicable, shall also be shown on the final plat.
a. All tracts of land intended to be deeded or dedicated for public use;
b. Street names as approved by the Public Works Director in accordance with the
'Criteria for Naming or Renaming a Street' in AMC 13.24.010.
c. Any non -access strips.
d. A notation indicating that approval was given under ALUO 18.5.3.140 Middle
Housing Land Divisions.
3. Approval Criteria. The Staff Advisor shall approve or deny the final plat for the Middle
housing land division based upon the following criteria:
a. All conditions of the Middle Housing Land Division preliminary plat approval have
been satisfied and the final plat substantially conforms to the approved Middle
Housing Land Division preliminary plat approval.
b. Approved construction drawings for required public improvements have been
provided, including grading and drainage plans as applicable, and the applicant has
ORDINANCE NO.
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provided verification by the City that electric, water and sanitary sewer services are
available to every lot depicted on the plat.
c. An approved security instrument is provided to guarantee completion of any required
public improvements that have not been completed and accepted by the City.
d. The plat contains a dedication to the public of all required public improvements,
including but not limited to public streets and any public utility easements, and all
required streets, accessways, easements, and other dedications or reservations are
shown on the plat.
e. The applicant has furnished acceptable copies of any applicable Covenants,
Conditions and Restrictions (CC&R's), easements, maintenance agreements (e.g.,
landscaping, utilities, tree preservation, common areas, access, parking, etc.), and
other documents pertaining to common improvements recorded and referenced on
the plat.
f. The format of the plat shall conform to ORS 92, and shall incorporate the preliminary
plat information in ALUO 18.5.3.040.B.
g. The plat contains an affidavit by the surveyor who surveyed the land, represented on
the plat to the effect the land was correctly surveyed and marked with proper
monuments as provided by ORS 92, indicating the initial point of the survey, and
giving the dimensions and kind of such monument and its reference to some corner
approved by the Jackson County Surveyor for purposes of identifying its location.
h. A copy of any deed restrictions applicable to the partition or subdivision or the title
report.
E. Filing and Records
1. Recordation. Following review and the Staff Advisor's approval of a Middle Housing
Land Division Final Plat, the applicant shall take the following actions:
a. Obtain the approval signature on the Middle Housing Land Division final plat by the
Jackson County Surveyor certifying that the final plat complies with all applicable
survey laws. Before certifying, the County Surveyor may make any necessary field
investigations to verify that the plat survey is sufficiently accurate. If the County
Surveyor determines that the plat does not comply, the applicant shall make
corrections. When the County Surveyor determines that the plat conforms, the
County Surveyor shall sign and date the final plat.
b. A Notice of Middle Housing Land Division for each middle housing lot shall be
recorded with the County Recorder that states:
i. The middle housing lot may not be further divided.
ii. No more than one unit of middle housing may be developed on each
middle housing lot.
iii. The dwelling developed on the middle housing lot is a unit of middle
housing and is not a single attached or detached dwelling, or any other
housing type.
c. File a statement of water right and, if a water right is appurtenant, a copy of the
acknowledgment from the Water Resources Department.
d. Deliver the approved final plat and accompanying documents to the County
Recorder for recording.
e. Return a copy of the recorded final plat and Notices of Middle Housing Land Division
to the City for filing.
ORDINANCE NO.
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F. Expiration and Extensions. The final plat for a Middle Housing Land Division shall be
approved within three years of the approval of the preliminary plat, except when extension of
the preliminary plat approval is granted pursuant to ALUO 18.1.6,040
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 , 2023, and duly PASSED and
ADOPTED this day of , 2023.
ATTEST:
Melissa Huhtala, City Recorder
SIGNED and APPROVED this
Reviewed as to form:
Douglas M. McGeary, Acting City Attorney
ORDINANCE NO.
day of , 2023.
Julie Akins, Mayor
Page 10 of 10
CITY OF
ASHLAND
ASHLAND PLANNING COMMISSION
REGULAR MEETING
Minutes
November 22, 2022
I. CALL TO ORDER: 7:00 PM
Chair Haywood Norton called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Michael Dawkins Brandon Goldman, Acting Community Development Director
Haywood Norton Derek Severson, Senior Planner
Lynn Thompson Aaron Anderson, Senior Planner
Eric Herron Michael Sullivan, Executive Assistant
Doug Knauer
Absent Members: Council Liaison:
Kerry KenCairn Paula Hyatt
Lisa Verner
II. ANNOUNCEMENTS
Acting Community Development Director Brandon Goldman made the following announcements:
• The November 15, 2022 City Council meeting was cancelled. The discussion regarding PA-T3-2022,00004, the
annexation of 1511 Highway 99 N, was rescheduled for December 6, 2022.
• The Planning Commission annual update to Council, and the first reading of PA-L-2021-00013 regarding
housing in E-1 and C-1 zones, have both been rescheduled for January 3, 2023.
• An appeal of the Commission's decision to deny PA-T2-2022-00159, 165 Water Street will be heard by the
Council on January 17, 2023. The applicant submitted the appeal on May 20, 2022, but subsequently requested
a postponement. The Council is required to render a decision by February 10, 2023. Commissioner Thompson
asked who would be representing the Commission during the appeal process. Senior Planner Derek Severson
responded that it will be incumbent on the appellant to successfully contest the Commission's decision to deny
the project, and that staff will be present to provide clarification and defend the decision. Chair Norton inquired if
the minutes of the relevant meetings would be sent to the Council, to which Mr. Severson said that they would.
III. PUBLIC FORUM — None
IV. LEGISLATIVE HEARING:
A. PLANNING ACTION: #PA-L-2022-00014
APPLICANT: City of Ashland
ORDINANCE REFERENCES: AMC 18.5.1 General Review Procedures
AMC 18.5.3 Land Divisions and
Property Line Adjustments
AMC 18.5.9 Comprehensive Plan, Zoning and
Land Use Ordinance Amendments
Ashland Planning Commission
November 22, 2022
Page 1 of 4
REQUEST: The proposal would amend the Ashland Land Use Ordinance to implement the requirements
of Oregon Senate Bill 458 by adding section 18.5.1.075 "Middle Housing Land Divisions" and section
18.5.3.140 "Middle Housing Land Divisions."
Staff Presentation
Mr. Goldman noted that staff felt that it was important to import the state's language into the City's ordinance to provide clarity for
citizens reviewing the code.
Mr. Severson stated that there had been no significant changes to the ordinance since it was first presented at the June 14, 2022
Commission meeting. He gave a brief presentation on Senate Bill 458, which include changes to Middle Housing Lot Divisions
(MHLD) and Expedited Land Division codes, and also provided a timeline for the changes to be implemented. Under SB 458
Expedited Land Divisions would not be considered land use actions, and any appeals of staff decisions would be decided by a
hearings officer or referee instead of being brought to the Commission. The noticing area for Expedited Land Divisions will also be
reduced to 100ft from 200ft, and the City would be required to make a final determination within 63 days of submittal.
House Bill 2001 will also institute code changes to the duplex and Accessory Residential Unit (ARU) approval criteria. Mr.
Severson outlined how duplexes would constitute two units on one lot, as attached or detached structures, and that two on -site
parking spaces would be required. ARUs would need to meet size guidelines, but that no on -site parking would be required. Both
duplexes and ARUs would be permitted with approval of a building permit.
Mr. Severson described previously noted issues with the draft ordinance, the first being whether the MHLD procedure would apply
to duplexes permitted prior to HB 2001. The state has indicated that any middle housing lot division proposal would need to
demonstrate compliance with both applicable state building code and local middle housing code in order to be eligible under SB
458, and that it is unlikely but not impossible that a pre-HB 2001 housing type would meet those criteria. The second issue was
whether MHLD procedure should apply to ARUs in addition to duplexes. Mr. Severson noted that SB 458 itself does not directly
address its applicability to ARUs, but that the Department of Land Conservation and Development (DLCD) has explicitly stated
that the MHLD procedure would not apply to ARUs.
Mr. Severson concluded by briefly detailing two staff -recommended additions to the ordinance (see attachment #1).
Questions of Staff
Commissioner Verner inquired if the City had a hearings officer or referee, and Mr. Severson responded that one would need to
be hired specifically for this role. Chair Norton asked if they would be a fulltime staffer of the City, and Mr. Severson responded
that they would be contracted. He added that the appellant would be required to pay $300 of the officer's contract fee, with the
possibility of levying an additional $500. Any further funding would be paid by the City. Mr. Severson stated that he is in contact
with other communities in the Rogue Valley to see who they are hiring for this position and to review copies of their contracts.
Commissioner Thompson asked how the division of a lot would be determined and if it would be at the discretion of the property
owner. Mr. Severson responded that it would be up to the property owner, likely with a surveyor's assistance. They would have
great latitude to divide the property as there would no longer be setback, street -frontage, or lot size zone requirements. It would
be based on what worked best for the building configuration on the property, but would largely be limited to one dwelling per lot.
Commissioner Dawkins inquired if the new state guidelines would conflict with the current code. Mr. Severson responded that the
Commission would be required to approve a MHLD proposal if it came before them, but that if it was a land use action under the
flag drive partition regulations then the review process would not change. Mr. Goldman clarified that MHLD proposals are not land
use decisions, and would not go before the Commission except under rare circumstances.
Commissioner Thompson asked whether the first of staffs recommended additions to the guidelines would supplant cottage
housing codes. Mr. Severson commented that cottage housing is exempt from these rules. Mr. Goldman added that it would be
more expedient for an applicant to go through the performance standards review process to create a cottage housing
development, rather than dividing up a property in an incremental fashion. Commissioner Thompson inquired if her property in an
Ashland Planning Commission
November 22, 2022
Page 2 of 4
R-2 zone with two dwelling units would be able to be subdivided and sold separately under the new guidelines. Mr. Goldman
responded that she could, but that the secondary unit would need to meet building and setback requirements in relation to the
parent lot. He noted that both buildings would still be considered a duplex, and that the owners would not be permitted to develop
an ARU in either property. Commissioner Thompson asked if both properties would be fully transferable. Mr. Severson responded
that neither property would have full development rights, but that they could both be sold and resold.
Commissioner Herron asked whether ARUs need separate utilities from the parent property, and Mr. Severson responded that
they would only require separate electrical service. Commissioner Herron commented that the parent property would then be
required to provide all other utilities in order to be legally divided, and asked if that was explicitly stated in the Ashland Municipal
Code. Mr. Severson responded that it is part of the building code requirements, and that separate utilities are required by state
law.
Chair Norton noted that divided duplexes could now develop their own Covenants, Conditions, and Restrictions (CC&Rs) under
the new guidelines. Mr. Severson stated that the duplex would still be subject to the original division approval, which would
include building design and placement of a landscape plan. Commissioner Thompson noted that the state bill contains a clause
regarding planned communities, and that the properties within such a division would be subject to the governing documents of the
planned community, and would be allocated assessments and voting rights on the same basis as existing units. Commissioner
Verner requested clarification on when this situation would apply. Mr. Goldman responded that a duplex in an existing planned
community that went through a middle housing land division would have voting rights under the existing CC&Rs. The other
scenario would be if a single-family home, outside of an existing planned community, added a second unit to their property and
then went through the MHLD process. These two properties could then develop their own CC&Rs for maintenance of any
common areas. Chair Norton expressed concern that the conditions for the division could become confused after the properties
are sold and resold, which could result in conflicts arising between two future property owners. Commissioner Thompson pointed
out that the City would not get involved in such a civil matter.
Commissioner Knauer inquired if the City actively observed mandates coming from the state, and whether the City had an
advocate at the state level. Councilor Hyatt detailed how the League of Oregon Cities (LOC) will annually send out a list of priority
issues to a variety of committees, which are then placed into relevant categories. One of those categories are land actions, and
the City votes on which it deems to be the top six highest priority items. The LOC then leverages lobbyists at the league on behalf
of those cities. However, those lower priority items are not overlooked, as environments and circumstances change rapidly. Land
use, affordability, and infrastructure are currently a high priority for the LOC and are being advocated for on behalf of Oregon
cities. A lobbyist within the LOC can also be approached if there is an issue that would be counter to the interests of a city.
Commissioner Thompson commented that there was a consortium of Oregon cities that is currently suing the DLCD over the
removal of parking mandates within the state's new Climate Friendly and Equitable Communities guidelines. Chair Norton
inquired if the City was approached about joining the lawsuit. Councilor Hyatt responded that Medford and Grants Pass had
joined the lawsuit, but to her knowledge the City had not entertained the notion of joining.
Commissioners Thompson/Dawkins m/s to recommend that the City Council adopt the draft ordinance with staff's
additional recommendations. Voice Vote: All AYES. Motion Passed. 6-0.
V. OPEN DISCUSSION
Mr. Goldman stated that the open discussion item had been added in order to address topics not on the agenda that
Commissioners would like to discuss, as well provide an opportunity for Commissioners to put forth topics for discussion at future
Study Sessions. He noted that no new items could be added to the current agenda during an Open Discussion, nor could a
decision be made on such an item.
Chair Norton inquired if the Midtown Lofts project at 188 Garfield was progressing. Mr. Goldman responded that a site visit had
recently been conducted to look for tree protection fencing in advance of the permit being issued, and the developers would soon
begin work on the common areas. The Commission discussed a variety of projects that have yet to begin development. Mr.
Severson announced that the Columbia Care facility and Plaza North on First Street both recently obtained their occupancy
Ashland Planning Commission
November 22, 2022
Page 3 of 4
permits.
Chair Norton informed the Commission that Governor -Elect Tina Kotek had expressed the belief that the Urban Growth Boundary
(UGB) was having a detrimental effect on affordable housing in the state, and had shown interest in modifying State Bill 100 to
address this issue. Commissioner Dawkins commented that one of the incoming City Councilors appeared open to expanding the
UGB.
Councilor Hyatt expressed her gratitude to the Commissioners for their dedication and willingness to delve into difficult issues,
and that she always appreciated recommendations that come from them. She also expressed her appreciation to staff.
VI. ADJOURNMENT
Meeting adjourned at 7:52 p.m.
Submitted by,
Michael Sullivan, Executive Assistant
Ashland Planning Commission
November 22, 2022
Page 4 of 4
ASHLAND PLANNING DIVISION
STAFF REPORT
November 22, 2022
PLANNING ACTION: PA-L-2022-00014
APPLICANT: City of Ashland
ORDINANCE REFERENCES:
AMC 18.5.1 General Review Procedures
AMC 18.5.3 Land Divisions and
Property Line Adjustments
AMC 18.5.9 Comprehensive Plan, Zoning and
Land Use Ordinance Amendments
REQUEST: The proposal would amend the Ashland Land Use Ordinance to implement the
requirements of Oregon Senate.Bill 458 by adding section 18.5.1.075 "Middle Housing Land
Divisions" and section 18.5.3.140 "Middle Housing Land Divisions."
I. Ordinance Amendments
A. Project Background
Oregon Senate Bill 458 provides a process for lot divisions to allow home ownership
opportunities for middle housing units built under the middle housing allowances of House
Bi112001. For cities with populations between 10,000 and 25,000 such as Ashland, the middle
housing required to be allowed under House Bill 2001 was limited to duplexes, and Senate Bill
458 intentionally does not apply to accessory residential units. As such, the draft code
language proposed is limited to duplexes.
House Bill 2001 took effect on August 8, 2019 and required cities to allow duplexes on
residentially -zoned lots that allow development of detached single-family dwellings, and to
have approval processes and standards for duplexes that are no more restrictive than those
applied to detached single-family dwellings. With the code changes adopted in response to
House Bill 2001, duplexes are defined as two units on one lot in attached or detached structures.
Two off-street parking spaces are required, and the required parking cannot be addressed
through on -street parking credits. Duplexes satisfying these requirements are approved with a
building permit and do not require a separate land use action.
Senate Bill 458 provides for these Middle Housing Land Divisions to be processed through the
Expedited Land Divisions (ELD) procedure established in the Oregon Revised Statutes.
Expedited Land Divisions are not considered to be land use actions and as such cannot be
appealed to the Planning Commission. Instead, an initial administrative decision by the Staff
Planning Action PA-L-2022-00014'Middle Housing Land Divisions' Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 1 of 3
Advisor could be appealed to a referee/hearings officer, and would not be subject to appeal to
the Oregon Land Use Board of Appeals (LUBA).
The Planning Commission has previously discussed code amendments to respond to Senate
Bill 458 at two public meetings on May 10, 2022 and June 14, 2022. Senate Bill 458 became
effective on June 30, 2022, and cities are required under the Senate Bill to implement directly
from the bill until local code modifications are implemented.
B. Summary of Proposed Amendments
The proposal includes the addition of two new sections to the Ashland Land Use Ordinance
(ALUO) to implement the requirements of Senate Bill 458, which include:
• House Bill 458 applies to any lot that allows Middle Housing under House Bill 2001
(i.e. ORS 197.758).
• A Middle Housing Land Division (MELD) must result in exactly one dwelling per
lot, except that common areas may be located on a separate lot or a shared tract.
• Separate utilities are required for each dwelling unit.
• Easements are required to be provided for:
■ Pedestrian access
■ Common areas
■ Driveways and parking areas, if shared
■ Utilities
• An MHLD proposal must demonstrate that it meets the requirements of the Oregon
Residential Specialty Code. For example, if an attached duplex is being divided, there
must be firewall construction between the two units.
• In a typical land division, the land division is approved, infrastructure installed and plat
signed prior to building permits being reviewed and issued for construction. A Middle
Housing Land Division may occur prior to submission of an application for building
permits, after a middle housing development is approved for development, or after it is
constructed.
• Senate Bill 458 gives cities the option of allowing concurrent review of building
permits and the land division, but in any case, Middle Housing Land Division
applications must include a middle housing development (either proposed or already
built) that complies with the building code and the City's middle housing development
code.
Under Senate Bill 458, cities may require the submittal of tentative & final plats for approval,
review for Oregon Residential Specialty Code compliance, and right-of-way dedications and
city -standard street frontage improvements. Cities may not apply any approval criteria other
than the approval criteria specified in Senate Bill 458 to applications for an MHLD — i.e. the
allowable criteria include the City's standards for middle housing development, separate
utilities, easements, one dwelling on each lot, and building code compliance.
Cities are required to process Middle Housing Land Divisions under the Expedited Land
Division (ELD) process from ORS 197.360 to 197.380 in order to streamline review. The ELD
process is outlined below:
• Submittal requirements are to be consistent with typical land divisions.
• Completeness review must occur by the City within 21 days of application submittal.
Planning Action PA-L-2022-00014'Middle Housing Land Divisions' Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 2 of 3
• Notice is given to properties within 100 feet of the site, to utility providers and to
applicable neighborhood association(s).
• There is a 14-day comment period.
• A decision must be made by the city within 63 days after a complete application is
submitted, unless extended by the Council under limited circumstances. This is in
contrast to the 120 days typically allowed for land use actions.
• An ELD is not considered to be a land use decision, and would never be heard by the
Planning Commission.
• The Staff Advisor makes the initial administrative decision, and any appeals go to a
referee who cannot be a city employee or city official, but could be a hearings officer.
• Only the applicant and any person or organization who files written comments in the
time period specified in the bill may appeal. An appeal must be filed within 14 days
of mailing the Notice of Decision. A $300 deposit to cover costs must be paid with
the appeal submittal, and the referee may levy additional fees to cover hearing costs
up to $500.
• The city -appointed "referee" decides any appeal decision —often this is a city's
Hearings Officer - who must issue a decision within 42 days of the appeal being
filed. The decision of the referee is the final local decision on the MHLD application.
Any appeals of the referee's decision go to the Oregon Court of Appeals rather than to
the Land Use Board of Appeals (LUBA).
II. Procedural
Applications for Type III (i.e. Legislative) Plan Amendments and Zone Changes are described in
the Ashland Land Use Ordinance section 18.5.9.020 as follows:
B. Type III. It may be necessary from time to time to make legislative amendments in order to
conform with the Comprehensive Plan or to meet other changes in circumstances or
conditions. The Type III procedure applies to the creation, revision, or large-scale
implementation of public policy requiring City Council approval and enactment of an
ordinance; this includes adoption of regulations, zone changes for large areas, zone changes
requiring comprehensive plan amendment, comprehensive plan map or text amendment,
annexations (see chapter 18.5.8 for annexation information), and urban growth boundary
amendments. The following planning actions shall be subject to the Type III procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except where
minor amendments or corrections may be processed through the Type II procedure
pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to other official
maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
III. Conclusions and Recommendations
If the Planning Commission recommends approval of the attached ordinances, staff will forward
the Commission's recommendation to the City Council to proceed with a public hearing before
the Council.
Affnrhmanfc
Senate Bill 458
Draft Ordinance
Planning Action PA- L-2022-00014 'Middle Housing Land Divisions' Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 3 of 3
81st OREGON LEGISLATIVE ASSEMBLY--2021 Regular Session
Enrolled
Senate Bill 458
Sponsored by Senators FREDERICK, KNOPP; Senators GOLDEN, HANSELL, KENNEMER,
PATTERSON, Representatives DEXTER, FAHEY, HUDSON, KROPF, LEIF, MEEK,
MOORE-GREEN, NOBLE, SMITH DB, WRIGHT, ZIKA (at the request of Habitat for Humanity)
(Presession filed.)
CHAPTER.................................................
AN ACT
Relating to land division for residential development; creating new provisions; and amending ORS
93.277, 94.775, 94.776, 197.365, 197.370, 197.375 and 197.380.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2021 Act is added to and made a part of ORS 92.010 to
92.192.
SECTION 2. (1) As used in this section, "middle housing land division" means a partition
or subdivision of a lot or parcel on which the development of middle housing is allowed under
ORS 197.758 (2) or (3).
(2) A city or county shall approve a tentative plan for a middle housing land division if
the application includes:
(a) A proposal for development of middle housing in compliance with the Oregon resi-
dential specialty code and land use regulations applicable to the original lot or parcel allowed
under ORS 197.758 (5);
(b) Separate utilities for each dwelling unit;
(c) Proposed easements necessary for each dwelling unit on the plan for:
(A) Locating, accessing, replacing and servicing all utilities;
(B) Pedestrian access from each dwelling unit to a private or public road;
(C) Any common use areas or shared building elements;
(D) Any dedicated driveways or parking; and
(E) Any dedicated common area;
(d) Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or
tracts used as common areas; and
(e) Evidence demonstrating how buildings or structures on a resulting lot or parcel will
comply with applicable building codes provisions relating to new property lines and,
notwithstanding the creation of new lots or parcels, how structures or buildings located on
the newly created lots or parcels will comply with the Oregon residential specialty code.
(3) A city or county may add conditions to the approval of a tentative plan for a middle
housing land division to:
(a) Prohibit the further division of the resulting lots or parcels.
(b) Require that a notation appear on the final plat indicating that the approval was given
under this section.
Enrolled Senate Bill 458 (SB 458-A) Page 1
(4) In reviewing an application for a middle housing land division, a city or county:
(a) Shall apply the procedures under ORS 197.360 to 197.380.
(b) May require street frontage improvements where a resulting lot or parcel abuts the
street consistent with land use regulations implementing ORS 197.758.
(c) May not subject an application to approval criteria except as provided in this section,
including that a lot or parcel require driveways, vehicle access, parking or minimum or
maximum street frontage.
(d) May not subject the application to procedures, ordinances or regulations adopted un-
der ORS 92.044 or 92.046 that are inconsistent with this section or ORS 197.360 to 197.380.
(e) May allow the submission of an application for a middle housing land division at the
same time as the submission of an application for building permits for the middle housing.
(f) May require the dedication of right of way if the original parcel did not previously
provide a dedication.
(5) The type of middle housing developed on the original parcel is not altered by a middle
housing land division.
(6) Notwithstanding ORS 197.312 (5), a city or county is not required to allow an acces-
sory dwelling unit on a lot or parcel resulting from a middle housing land division.
(7) The tentative approval of a middle housing land division is void if and only if a final
subdivision or partition plat is not approved within three years of the tentative approval.
Nothing in this section or ORS 197.360 to 197.380 prohibits a city or county from requiring a
final plat before issuing building permits.
SECTION 2a. Section 2 of this 2021 Act applies only to a middle housing land division
permitted on or after July 1, 2022.
SECTION 3. ORS 93.277 is amended to read:
93.277. A provision in a recorded instrument affecting real property is not enforceable if:
(1) The provision would allow the development of a single-family dwelling on the real property
but would prohibit the development of, or the partitioning or subdividing of lands under section
2 of this 2021 Act for:
(a) Middle housing, as defined in ORS 197.758; or
(b) An accessory dwelling unit allowed under ORS 197.312 (5); and
(2) The instrument was executed on or after [August 8, 2019] January 1, 2021.
SECTION 4. ORS 94.776 is amended to read:
94.776. (1) A provision in a governing document that is adopted or amended on or after [August
8, 20191 January 1, 2020, is void and unenforceable to the extent that the provision would prohibit
or have the effect of unreasonably restricting the development of, or the dividing of lands under
section 2 of this 2021 Act for, housing that is otherwise allowable under the maximum density of
the zoning for the land.
(2) Lots or parcels resulting from the division of land in a planned community are subject
to the governing documents of the planned community and are allocated assessments and
voting right on the same basis as existing units.
SECTION 5. ORS 94.775 is amended to read:
94.775. (1) [Unless the declaration expressly allows the division of lots in a planned community,]
Judicial partition by division of a lot in a planned community is not allowed under ORS 105.205[.],
unless:
(a) The declaration expressly allows the division of lots in a planned community; or
(b) The lot may be divided under ORS 94.776.
(2) The lot may be partitioned by sale and division of the proceeds under ORS 105.245.
V2A (3) The restriction specified in subsection (1) of this section does not apply if the home-
owners association has removed the property from the provisions of the declaration.
SECTION 6. ORS 197.365 is amended to read:
197.365. Unless the applicant requests to use the procedure set forth in a comprehensive plan
and land use regulations, a local government shall use the following procedure for an expedited land
Enrolled Senate Bill 458 (SB 458-A) Page 2
division, as described in ORS 197.360, or a middle housing land division under section 2 of this
2021 Act:
(1)(a) If the application for [expedited] a land division is incomplete, the local government shall
notify the applicant of exactly what information is missing within 21 days of receipt of the applica-
tion and allow the applicant to submit the missing information. For purposes of computation of time
under this section, the application shall be deemed complete on the date the applicant submits the
requested information or refuses in writing to submit it.
(b) If the application was complete when first submitted or the applicant submits the requested
additional information within 180 days of the date the application was first submitted, approval or
denial of the application shall be based upon the standards and criteria that were applicable at the
time the application was first submitted.
(2) The local government shall provide written notice of the receipt of the completed application
for [an expedited] a land division to any state agency, local government or special district respon-
sible for providing public facilities or services to the development and to owners of property within
100 feet of the entire contiguous site for which the application is made. The notification list shall
be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee
under ORS 197.375, this requirement shall be deemed met whQn the local government can provide
an affidavit or other certification that such notice was given. Notice shall also be provided to any
neighborhood or community planning organization recognized by the governing body and whose
boundaries include the site.
(3) The notice required under subsection (2) of this section shall:
(a) State:
(A) The deadline for submitting written comments;
(B) That issues that may provide the basis for an appeal to the referee must be raised in writing
prior to the expiration of the comment period; and
(C) That issues must be raised with sufficient specificity to enable the local government to re-
spond to the issue.
(b) Set forth, by commonly used citation, the applicable criteria for the decision.
(c) Set forth the street address or other easily understood geographical reference to the subject
property.
(d) State the place, date and time that comments are due.
(e) State a time and place where copies of all evidence submitted by the applicant will be
available for review.
(f) Include the name and telephone number of a local government contact person.
(g) Briefly summarize the local decision -making process for the [expedited] land division decision
being made.
(4) After notice under subsections (2) and (3) of this section, the local government shall:
(a) Provide a 14-day period for submission of written comments prior to the decision.
(b) Make a decision to approve or deny the application within 63 days of receiving a completed
application, based on whether it satisfies the substantive requirements of the [local government's]
applicable land use regulations. An approval may include conditions to ensure that the application
meets the applicable land use regulations. For applications subject to this section, the local gov-
ernment:
(A) Shall not hold a hearing on the application; and
(B) Shall issue a written determination of compliance or noncompliance with applicable land use
regulations that includes a summary statement explaining the determination. The summary state-
ment may be in any form reasonably intended to communicate the local government's basis for the
determination.
(c) Provide notice of the decision to the applicant and to those who received notice under sub-
section (2) of this section within 63 days of the date of a completed application. The notice of deci-
sion shall include:
(A) The summary statement described in paragraph (b)(B) of this subsection; and
Enrolled Senate Bill 458 (SB 458-A) Page 3
(B) An explanation of appeal rights under ORS 197.375.
SECTION 7. ORS 197.370 is amended to read:
197.370. (1) Except as provided in subsection (2) of this section, if the local government does not
make a decision on an expedited land division or a middle housing land division, as defined in
section 2 of this 2021 Act, within 63 days after the application is deemed complete, the applicant
may apply in the circuit court for the county in which the application was filed for a writ of
mandamus to compel the local government to issue the approval. The writ shall be issued unless the
local government shows that the approval would violate a substantive provision of the applicable
land use regulations or the requirements of ORS 197.360 or section 2 of this 2021 Act. A decision
of the circuit court under this section may be appealed only to the Court of Appeals.
(2) After seven days' notice to the applicant, the governing body of the local government may,
at a regularly scheduled public meeting, take action to extend the 63-day time period to a date
certain for one or more applications for an expedited land division or a middle housing land di-
vision prior to the expiration of the 63-day period, based on a determination that an unexpected or
extraordinary increase in applications makes action within 63 days impracticable. In no case shall
an extension be to a date more than 120 days after the application was deemed complete. Upon ap-
proval of an extension, the provisions of ORS 197.360 to 197.380 and section 2 of this 2021 Act,
including the mandamus remedy provided by subsection (1) of this section, shall remain applicable
to the [expedited] land division, except that the extended period shall be substituted for the 63-day
period wherever applicable.
(3) The decision to approve or not approve an extension under subsection (2) of this section is
not a land use decision or limited land use decision.
SECTION 8. ORS 197.375 is amended to read:
197.375. (1) An appeal of a decision made under ORS 197.360 and 197.365 or under ORS 197.365
and section 2 of this 2021 Act shall be made as follows:
(a) An appeal must be filed with the local government within 14 days of mailing of the notice
of the decision under ORS 197.365 (4)[,] and shall be accompanied by a $300 deposit for costs.
(b) A decision may be appealed by:
(A) The applicant; or
(B) Any person or organization who files written comments in the time period established under
ORS 197.365.
(c) An appeal shall be based solely on allegations:
(A) Of violation of the substantive provisions of the applicable land use regulations;
(B) Of unconstitutionality of the decision;
(C) That the application is not eligible for review under ORS 197.360 to 197.380 or section 2
of this 2021 Act and should be reviewed as a land use decision or limited land use decision; or
(D) That the parties' substantive rights have been substantially prejudiced by an error in pro-
cedure by the local government.
(2) The local government shall appoint a referee to decide the appeal of a decision made under
[ORS 197.360 and 197.3651 this section. The referee [shall] may not be an employee or official of
the local government. However, a local government that has designated a hearings officer under
ORS 215.406 or 227.165 may designate the hearings officer as the referee for appeals of a decision
made under ORS 197.360 and 197.365.
(3) Within seven days of being appointed to decide the appeal, the referee shall notify the ap-
plicant, the local government, the appellant if other than the applicant, any person or organization
entitled to notice under ORS 197.365 (2) that provided written comments to the local government
and all providers of public facilities and services entitled to notice under ORS 197.365 (2) and advise
them of the manner in which they may participate in the appeal. A person or organization that
provided written comments to the local government but did not file an appeal under subsection (1)
of this section may participate only with respect to the issues raised in the written comments sub-
mitted by that person or organization. The referee may use any procedure for decision -making con-
sistent with the interests of the parties to ensure a fair opportunity to present information and
Enrolled Senate Bill 458 (SB 458-A) Page 4
argument. The referee shall provide the local government an opportunity to explain its decision, but
is not limited to reviewing the local government decision and may consider information not pre-
sented to the local government.
(4)(a) The referee shall apply the substantive requirements of the [local government's] applicable
land use regulations and ORS 197.360 or section 2 of this 2021 Act. If the referee determines that
the application does not qualify as an expedited land division [as described in ORS 197.3601 or a
middle housing land division, as defined in section 2 of this 2021 Act, the referee shall remand
the application for consideration as a land use decision or limited land use decision. In all other
cases, the referee shall seek to identify means by which the application can satisfy the applicable
requirements.
(b) For an expedited land use division, the referee may not reduce the density of the land di-
vision application.
(c) The referee shall make a written decision approving or denying the application or approving
it with conditions designed to ensure that the application satisfies the land use regulations, within
42 days of the filing of 'an appeal. The referee may not remand the application to the local govern-
ment for any reason other than as set forth in this subsection.
(5) Unless the governing body of the local government finds exigent circumstances, a referee
who fails to issue a written decision within 42 days of the filing of an appeal shall receive no com-
pensation for service as referee in the appeal.
(6) Notwithstanding any other provision of law, the referee shall order the local government to
refund the deposit for costs to an appellant who materially improves his or her position from the
decision of the local government. The referee shall assess the cost of the appeal in excess of the
deposit for costs, up to a maximum of $500, including the deposit paid under subsection (1) of this
section, against an appellant who does not materially improve his or her position from the decision
of the local government. The local government shall pay the portion of the costs of the appeal not
assessed against the appellant. The costs of the appeal include the compensation paid the referee
and costs incurred by the local government, but not the costs of other parties.
(7) The Land Use Board of Appeals does not have jurisdiction to consider any decisions, aspects
of decisions or actions made under ORS 197.360 to 197.380 or section 2 of this 2021 Act.
(8) Any party to a proceeding before a referee under this section may seek judicial review of
the referee's decision in the manner provided for review of final orders of the Land Use Board of
Appeals under ORS 197.850 and 197.855. The Court of Appeals shall review decisions of the referee
in the same manner as provided for review of final orders of the Land Use Board of Appeals in those
statutes. However, notwithstanding ORS 197.850 (9) or any other provision of law, the court shall
reverse or remand the decision only if the court finds:
(a) That the decision does not concern an expedited land division as described in ORS 197.360
or middle housing land division as defined in section 2 of this 2021 Act and the appellant raised
this issue in proceedings before the referee;
(b) That there is a basis to vacate the decision as described in ORS 36.705 (1)(a) to (d), or a basis
for modification or correction of an award as described in ORS 36.710; or
(c) That the decision is unconstitutional.
SECTION 9. ORS 197.380 is amended to read:
197.380. Each city and county shall establish [an application fee] application fees for an expe-
dited land division and a middle housing land division, as defined in section 2 of this 2021
Act. The [fee shall] fees must be set at a level calculated to recover the estimated full cost of
processing an application, including the cost of appeals to the referee under ORS 197.375, based on
the estimated average cost of such applications. Within one year of establishing [the fee required] a
fee under this section, the city or county shall review and revise the fee, if necessary, to reflect
actual experience in processing applications under ORS 197.360 to 197.380 and section 2 of this
2021 Act.
Enrolled Senate Bill 458 (SB 458-A) Page 5
Passed by Senate April 15, 2021
..................................................................................
Lori L. Brocker, Secretary of Senate
..................................................................................
Peter Courtney, President of Senate
Passed by House May 17, 2021
..................................................................................
Tina Kotek, Speaker of House
Received by Governor.
........................ M.,.......................... ................................ 2021
Approved:
........................ M.,......................................................... 1 2021
Kate Brown, Governor
Filed in Office of Secretary of State:
............M............................................................ 2021
..................................................................................
Shemia Fagan, Secretary of State
Enrolled Senate Bill 458 (SB 458-A) Page 6
Council Business Meeting
January 17, 2023
Agenda Item Public Hearing and First Reading of Ordinance 3205 - Housing in Employment
Lands Code Amendments
From Brandon Goldman Planning Manager, Interim Community
Development Director
I Contact I Brandon.goldman(a)ashland.or.us , 541-552-2076 I
SUMMARY
The City Council is being asked to review draft Ordinance 3205 which presents land use code amendments
to the residential standards for mixed -use development in the Commercial (C-1) and Employment (E-1)
zones.
The proposed ordinance includes a series of amendments to AMC Title 18 Land Use relating to the
residential standards for mixed -use development located in the Commercial (C-1) and Employment (E-1)
zones. Specifically, the proposed code amendments increase the allowance for residential uses from 35 to 65
percent of the ground floor in multi -story, mixed -use buildings and developments located in the C-1 and E-1
zones and outside of the Downtown Design Standards overlay. Additionally, the development of flexible
Commercial Ready Residential Space would allow residential uses within the 35% commercially designated
floor area provided an agreement is executed with the City, or deed restriction is recorded on the property,
demonstrating that the residential use will be in conformance with the Ashland Affordable Housing Program
as affordable rental housing for households earning 80% AMI or less.
POLICIES, PLANS & GOALS SUPPORTED
The Ashland Comprehensive Plan includes a goal in the Housing Element to "ensure a range of different
dwelling types that provide living opportunities for the total cross section of Ashland's population (6.10.01)."
Included with this goal are the following applicable policies:
Policy 1: Provide for a mix of housing types that are attractive and affordable to a diversity of
ages, incomes, household sizes, and household types.
Policy 3: Integrate housing with other compatible land uses through flexible zoning provisions.
The Ashland Comprehensive Plan includes a goal in the Economy Element "to ensure that the local economy
increases in its health, and diversifies in the number, type, and size of businesses consistent with the local
social needs, public service capabilities, and the retention of a high -quality environment (7.07.03)." Included
with this goal is the following applicable policy:
Policy 1: The City shall zone and designate within the Plan Map sufficient quantity of lands for
commercial and industrial uses to provide for the employment needs of its residents and a
portion of rural residents consistent with the population projection for the urban area.
The 2021-2041 Housing Capacity Analysis (HCA) is a technical study required by state law and was adopted
by the City Council on August 17, 2021 as a technical report and supporting document to the Ashland
Comprehensive Plan. The HCA provides a number of recommended policy changes to address Ashland's
unmet housing needs that are related to the proposed code amendments. The HCA's recommended policy
changes or strategies are presented as guidance for the upcoming Housing Production Strategy.
Page 1 of 6
CITY OF
-ASHLAND
Strategy 1: Ensure an adequate supply of land is available and serviced
• Strategy 1.3: Identify opportunities to increase allowances for residential uses on the ground
floor of buildings within commercial and employment zones.
• Strategy1.4: Evaluate decreasing multifamily parking requirements.
Strategy 2: Provide opportunities for housing development to meet the City's identified housing needs
• Strategy 2.2: Evaluate opportunities incentivize smaller units through amendments to allowable
densities.
• Strategy 2.4: Evaluate increasing allowances for residential dwellings in commercial and
employment zones, such as allowing an increased amount of residential uses in ground floor
commercial spaces.
Strategy 5: Align housing planning with the Climate and Energy Action Plan
Strategy 5.4: Evaluate opportunities to develop new housing closer to downtown and
commercial centers to reduce dependence on automobiles for transportation.
The Climate and Energy Action Plan (CEAP) includes an action to "Revise community development plans to
favor walkable neighborhoods and infill density. Ashland has a series of long-range planning documents that
guide development across Ashland districts, neighborhoods, and natural areas. Revisiting these plans to
ensure that they support climate -ready development needs, such as walking, biking, transit, parking
management, and climate adaptation features, will ensure that Ashland development is consistent with the
City's climate goals and commitments. It will be important to ensure that these activities do not come at the
expense of higher housing costs, which could disadvantage low-income populations (CEAP ULT-4-2)."
PREVIOUS COUNCIL ACTION
The City Council reviewed the proposed land use code amendments at a public hearing on February 1, 2022
and did not approve first reading of the ordinance at that time. The City Council remanded the draft
ordinance to the Planning Commission with a request that amendments be considered which would allow the
entirety of the first floor of developments on E-1 and C-1 lands to be residential provided certain housing
affordability conditions were met.
The Council provided two separate motions relating to this item on February 1, 2022 as follows:
Graham/DuQuenne moved that we postpone this item until the end of May 2022 to give staff time to
analyze the economic information that comes forward from the Chamber Study. Motion passed
unanimously.
Hyatt/Jensen moved that revert this item back to the Planning Commission to specifically have a
conditional use permit on the 35% that would be commercial to be used as residential rental only
between 80-100% AMI revertible upon expiration of lease between 5-10 year period. Motion passed
unanimously.
BACKGROUND AND ADDITIONAL INFORMATION
The primary goal of this ordinance amendment process has been to provide more flexibility in the employment
zones to respond to fluctuations and changes in the economy and demand for housing. The project objectives are to:
1) maintain an inventory of employment parcels in a variety of sizes and locations to encourage new
business development.
2) increase the supply of moderately -priced rental and for -purchase housing; and
Page 2 of 6
C I T Y O F
-AS H LA N D
3) jumpstart redevelopment in areas that have trouble attracting projects and/or are in proximity to
public transit and walking distance to daily service needs, such as groceries, shops, parks, etc.
4) provide opportunities to utilize vacant commercial floor area as regulated affordable rental housing
restricted to households earning 80% AMI or less.
The draft amendments to the residential standards for mixed -use development are attached and summarized
below.
• 18.2.3.130.B. La — limits new provisions for residential uses (i.e., up to 65 percent of the
ground floor) in the C-1 and E-1 zones to locations outside of the Downtown Design
Standards overlay. In addition, to be eligible for the new provisions, the lot size must be less
than 10 acres in size and the mixed -use building must be multi -story (i.e., two or more stories
in height).
• 18.2.3.13. Lb - increases the allowance for residential uses in multi -story, mixed -use buildings
and developments from 35 to 65 percent of the ground floor. Again, this allowance is for
locations outside of the Downtown Design Standards overlay. Additionally, the provision is
limited to multi -story mixed -use buildings and lots that are less than 10 acres in size.
• 18.2.3.13.1.c.i-iii — Creates a designation for Commercial Ready Residential Space which is
developed to accommodate commercial occupancies but may be used flexibly as either a
commercial use or as regulated affordable rental housing for households earning 80%AMI or
less.
• 18.2.3.130.B.2.a — retains existing standard which allows up to 35 percent of the ground floor
to be used for residential uses. The existing standard applies to three situations — properties
located inside of the Downtown Design Standards overlay, for lots 10 acres and greater in
size and for single -story buildings.
• 18.2.3.130.B.2.b.i — this is the exiting standard allowing up to 35 percent of the ground floor
in residential uses, it is simply moved from the existing code section 18.2.3.130. B.1.
• 18.2.3.130.B.1.b.ii — revises the code for situations where a mixed -use development includes
more than one building. It requires the equivalent of 65 percent of the ground floor of all the
buildings to be provided in permitted or special permitted non-residential uses. This retains
the ability in mixed -use developments with more than one building to construct a building
that is entirely residential uses as long as the equivalent square footage of 65 percent of the
ground floor of the residential building is transferred to another building in the development
and is used for permitted and special permitted non-residential uses.
• Table 18.2.6.030 — deletes residential densities in the C-1, C-1-D and E-I zones.
• 18.3.13.010.0 — removes existing language that duplicates the standards in 18.2.3.130
Dwellings in Non -Residential Zones and instead references the requirements in 18.2.3.130
for the Residential overlay or in 18.3.14.040 for the Transit Triangle (TT) overlay. The
Residential overlay applies to a portion but not all of the E-1 zone.
• 18.6.1.030 [Definition] - amended to include definition of Commercial Ready Residential
Space.
To address the City Council's February 1, 2022 motion to amend the ordinance draft to accommodate
opportunities for affordable rental housing, the attached Ordinance 3205 newly incorporates a designation of
Commercial Ready Residential Space. The Planning Commission considered evaluation of proposals to
incorporate affordable rental housing on the ground floor and determined it could be incorporated into the
ordinance as an allowed use, without the need for a discretionary Conditional Use Permit process, provided
the parameters for its inclusion were clearly articulated in the ordinance. As proposed in the draft ordinance,
Page 3 of 6
CITY OF
-AS H LA N D
at least 35% of the ground floor must be used as a permitted or special permitted (commercial) uses, or
alternatively as Commercial Ready Residential Space that could be used as income restricted affordable
rental housing. In 2021 the Oregon Legislature approved Senate Bill 8 which restricts local governments
from denying or limiting the approval of affordable housing applications in a number of circumstances
including when affordable housing is to be developed on property which is zoned for commercial uses. By
providing an option for the development of Commercial Ready Residential Space on the ground floor of
mixed -use buildings, that can be used as affordable rental housing restricted to households with incomes at
800/oAMI, the amendments proposed create a path for the city to approve of the use of vacant commercial
floor area as needed affordable housing within the C-1 and E-1 zones.
In order to ensure that Ashland's inventory of commercial and employment lands could accommodate future
business development, the city contracted with Fregonese and Associates to assist in analyzing the buildable
lands data, building permits issued, and Ashland's employment data over the last 10 years. This analysis
found there is sufficient C-1 and E-1 land for future employment needs. The findings of this analysis were
outlined in the Staff Report dated December 14, 2021 which was initially presented to the City Council on
February 2, 2022 and are attached to this communication. The Ashland Chamber of Commerce and
ECONorthwest Economic Diversification Study presented to the City Council on October 3,2 022 does not
contain an employment land inventory or needs assessment, and as such does not address whether Ashland's
inventory of commercial and employment lands can accommodate future business development.
The residential densities established in 1992 for E-1 and C-1 zones, 15 and 30 dwelling units per acre respectively,
were recently evaluated as part of the Transit Triangle planning effort. These density limitations were found to
discourage the development of studios, one -bedroom, and two -bedroom rental units as the relatively low -density
allowance effectively promoted the development of large residential units. Removing this density cap in the E-1, C-
1, and C-1-D zones would enable the development of a greater number of dwelling units within the same sized
building. In the ordinance amendments proposed, the Planning Commission and Staff have recommend removing
these density caps to support the development of a greater variety of housing types and promote creation of rental
housing in the E-1, C-1, and C-1-D zones. Additionally, the recent Climate Friendly and Equitable Communities
rulemaking efforts by the State of Oregon established that for designated Climate Friendly Areas (CFA) the removal
of density caps would address the rule requirements intended to promote transit supportive housing densities within
urban areas. Ashland has not yet gone through the process to designate the CFAs for our community, however the
adoption of the ordinance amendment currently proposed may preemptively address this future requirement in E-1
and C-1 zones. Community Development staff will prepare a future presentation on CFAs.
The Planning Commission reviewed and discussed the proposed code amendment project at the June 22,
2021, August 24, 2021, October 26, 2021 and November 23, 2021 study session meetings. The Planning
Commission held a public hearing on December 14, 2021, and recommended approval of the prior draft of
the ordinance amending AMC Title 18 Land Use. The Planning Commission discussed options for
amending the proposed ordinance to allow for flexible use of the ground floor commercial area on June 14,
2022, and on September 27, 2022 The Planning Commission held a public hearing to review the revisions to
the proposed Ordinance and have forwarded a recommendation to the City Council for approval.
1. Public Meetings
The City Council initiated the legislative amendment to amend the standards housing mixed -use
developments on March 16, 2021. The Ashland Municipal Code (AMC) allows the Council to initiate a Type
III legislative action (see code excerpt below).
18.5.1.070 Type III (Legislative Decision)
Type III actions are reviewed by the Planning Commission, which makes a recommendation to City
Council. The Council makes final decisions on legislative proposals through enactment of an ordinance.
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A. Initiation of Requests. The City Council, Planning Commission, or any property owner or resident
of the city may initiate an application for a legislative decision under this ordinance. Legislative
requests are not subject to the 120-day review period under subsection 18.5.1.090.13 (ORS
227.178).
The City Council is scheduled to review a draft findings document at second reading of the ordinance,
scheduled for the December 20, 2022 Council meeting. The findings document will reflect the decision of
the City Council at First Reading, and will addresses the City's approval criteria for a legislative amendment
as well as the Statewide Planning Goals, and applicable Oregon Administrative Rules.
2. Proposed Amendments
The proposed ordinance amends Chapters 18.2.3, 18.2.6, 18.3.13 and 18.6.1 of the Ashland Land Use
Ordinance regarding allowances for residential uses in mixed -use buildings and developments in the
commercial and employment zones. The amendments specifically apply to allowances for residential
dwellings within multi -story mixed -use buildings developed within C-1 (Commercial) and E-1
(Employment) zoned properties with a Residential Overlay. Properties zoned C-1 within the Downtown
Overlay, and E-1 zoned properties that are not within the Residential Overlay, are excluded from the code
amendments as proposed.
3. Review Procedure
AMC 18.5.9.020,13 permits legislative amendments to meet changes in circumstances and conditions.
Applications for Plan Amendments and Zone Changes are as follows:
B. Type III. It may be necessary from time to time to make legislative amendments in order to conform
with the Comprehensive Plan or to meet other changes in circumstances or conditions. The Type III
procedure applies to the creation, revision, or large-scale implementation of public policy requiring
City Council approval and enactment of an ordinance; this includes adoption of regulations, zone
changes for large areas, zone changes requiring comprehensive plan amendment, comprehensive
plan map or text amendment, annexations (see chapter 18.5.8 for annexation information), and
urban growth boundary amendments. The following planning actions shall be subject to the Type III
procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except where minor
amendments or corrections may be processed through the Type II procedure pursuant to
subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to other official
maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
FISCAL IMPACTS
Adoption of the proposed ordinance will not have a direct fiscal impact upon the City's general fund. The
review of development proposals and building permits for mixed use projects containing housing on the
ground floor of multi -story commercial buildings is currently part of the work -flow for Community
Development Department staff. The amendments to the percentage of the floor area which can be used as
residential, and amendments to the density allowance for residential units, are not expected to impact existing
workload.
STAFF RECOMMENDATION
Staff recommends adoption of the amendments to Chapters 18.2.3, 18.2.6, 18.3.13, and 18.6 of the Ashland
Land Use Ordinance regarding allowances for residential uses in mixed -use buildings and developments in
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the commercial and employment zones as recommended by the Planning Commission. The attached
ordinance reflects the Planning Commission recommendation.
ACTIONS. OPTIONS & POTENTIAL MOTIONS
A motion for approval of first reading of the. ordinances is included below should the Council decide to approve first
reading as presented.
1. Motion for Approval
• I move to approve first reading of Ordinance 3205, which is titled,"Chapters 18.2.3, 18.2.6
18.3.13, and 18.61 of the Ashland Land Use Ordinance regarding allowances for residential uses
in mixed -use buildings and developments in the commercial and employment zones, and
schedule second reading for December 20, 2022.
REFERENCES & ATTACHMENTS
1. Ordinance 3205: An Ordinance Amending Chapters 18.2.3, 18.2.6 18.3.13 of the Ashland Land Use
Ordinance regarding allowances for residential uses in mixed -use buildings and developments in the
commercial and employment zones
2. Planning Staff Report Addendum PA-L-2021-00013 dated 9/27/2022
3. Planning Staff Report PA-L-2021-00013 dated 12/14/2021
3. Written Public Comments (previously presented to Council on February 1, 2022)
o Eric Navickus letter dated 1/30/2022
o Amy Gunter letter dated 12/14/2021
o Mark Knox letter dated 12-16-2020
o Laz Ayala letter dated 12-10-2020
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-ASH LAN D
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Draft 01/03/2023
ORDINANCE NO.3205
AN ORDINANCE AMENDING CHAPTERS 18.2.3,18.2.6, 18.3.13 AND 18.6.1 OF THE
ASHLAND LAND USE ORDINANCE REGARDING ALLOWANCES FOR
RESIDENTIAL USES IN MIXED -USE BUILDINGS AND DEVELOPMENTS IN THE
COMMERCIAL AND EMPLOYMENT ZONES.
Annotated to show deletions and additions to the code sections being modified. Deletions
are bold 11ned IhFGu and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.; and
WHEREAS, the above referenced grant of power has been interpreted as affording all legislative
powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v.
International Ass'n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293; 531 P 2d 730,
734 (1975).; and
WHEREAS, beginning in early 2020, the COVID-19 pandemic resulted in the closure of
businesses throughout the United States and a shift to conducting operations remotely and
electronically, thereby temporarily resulting in a decreased need for office and commercial
space;and
ORDINANCE NO.3205
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WHEREAS, less demand for office space is expected to continue as some companies move to
smaller offices and use work from home and hybrid arrangements.; and
WHEREAS, prior to 2020, there was a decline in construction of large retail buildings in the
U.S. and the e-commerce share of the retail market was increasing nationally. The COVID-19
pandemic resulted in an even greater shift to online retail purchases.; and
WHEREAS, the City of Ashland is required to perform a housing capacity analysis every eight
years as required by ORS 197.296 and OAR 660-0008-0045. House Bill 2003 passed in the 2019
Oregon legislative session and amended the previously mentioned state laws and rules to require
cities in Oregon to perform the housing capacity analysis and housing production strategy.; and
WHEREAS, the Ashland City Council adopted the 2021-2041 Housing Capacity Analysis
(HCA) on August 17, 2021 as a technical report and supporting document to the Ashland
Comprehensive Plan. The HCA provides a number of recommended policy changes to address
Ashland's unmet housing needs including increasing the allowance for residential dwellings in
commercial and employment zones and developing new housing closer to downtown and
commercial centers to reduce dependency on automobiles for transportation.; and
WHEREAS, the Almeda wildfire increased the regional need for affordable housing by
destroying about 2,549 dwellings in September 2020. The Almeda fire burned from north
Ashland to just south of Medford, with the cities of Phoenix and Talent losing the majority of
housing. The HCA recognized that the losses due to the Almeda fire increased regional need for
affordable housing and overall pressure on the Ashland housing market.; and
WHEREAS, amendments to the allowances for housing in the commercial and employment
zones are needed to provide more flexibility in the commercial and employment zones to
respond to fluctuations and changes in the economy and demand for housing.; and
ORDINANCE NO.3205
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WHEREAS, the City of Ashland Planning Commission conducted on December 14, 2021 and
September 27, 2022, duly advertised public hearings on amendments to the Ashland Land Use
Ordinance concerning the standards relating to annexations, and following deliberations
recommended approval of the amendments.; and
WHEREAS, the City Council of the City of Ashland conducted duly advertised public hearings
on the above -referenced amendments February 1, 2021 and November 15, 2022.; and
WHEREAS, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter.; and
WHEREAS, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary to
amend the Ashland Municipal Code and Land Use Ordinance in manner proposed, that an adequate
factual base exists for the amendments, the amendments are consistent with the comprehensive
plan and that such amendments are fully supported by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 18.2.3.130 [Dwellings in Non -Residential Zones — Special Use Standards]
of the Ashland Land Use Ordinance is hereby amended to read as follows:
18.2.3.130 Dwellings in Non -Residential Zones
Where dwellings are allowed in non-residential zones, they are subject to all of the following
requirements.
A. Dwellings in the E-1 zone are limited to the R-overlay zone. See chapter 18.3.13 Residential
Overlay.
ORDINANCE NO. 3205
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B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards, except that
dwellings developed under the Transit Triangle (TT) overlay option are not subject to
subsection 18.2.3.130.6, below. See section 18.3.14.040 for the allowed uses in the TT
overlay.
Mixed -Use Developments Outside of the Downtown Design Standards Overlay.-f
more than 36 perGent of the gross floor area of the gFOUnd fleer. Whp-re more than
one building is lenated on a cite not more than 60 nernent of the tntal In+ area
shall be designated f0F Fesidential uses. At least 66 peFGent of the gross floe
area of the ground flnnr shall he designated for permitted and- uses
permitted with speGial use standards, not inGluding residential usea
a. Applicability. This subsection, 18.2.3.130.B.1, applies to mixed -use
buildings or developments that meet all of the following requirements.
L Location. The mixed -use building or development shall be located outside
of the Downtown Design Standards overlay.
ii. Lot Size. The mixed -use building or development shall be located on a lot
that is less than 10 acres in size. Mixed -use developments located on lots
10 acres in size and greater shall be subject to the requirements of
subsection 18.2.3.130.B.2, below.
ii._ Building Height. The mixed -use building shall be two or more stories in
height. Mixed -use buildings that are one story in height are subject to the
requirements of subsection 18.2.3.130.B.2, below.
b. Gross Floor Area.
One Buildina. When a plannina application is limited to one buildin
residential uses may occupy up to 65 percent of the gross floor area of the
ground floor. At least 35 percent of the gross floor area of the ground floor
shall be designated for permitted uses and uses permitted with special use
standards not including residential uses, or as Commercial Ready
Residential Space consistent with 18.2.3.130.B.1.c below.
More Than One Buildina. When a plannina application includes more than
one building, the equivalent of at least 35 percent of the gross floor area of
the ground floor shall be designated for permitted uses and uses permitted
with special use standards not including residential uses, or as
Commercial Readv Residential Space consistent with 18.2.3.130.B.1.c
below.
c. Commercial Readv Residential Space. Gross floor area desianated as
commercial ready residential space shall be in compliance with the following:
L Residential uses provided within the designated commercial ready
residential space shall be limited to rental units affordable to households
earning 80% Area Median Income consistent with the requirements of the
Ashland Affordable Housing Program including household income
verification and maximum rental amounts.
ORDINANCE NO. 3205
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H. An Agreement shall be executed with the City, or a deed restriction shall be
recorded on the property, which stipulates that the Commercial Ready
Residential Space shall not be used as market rate rental housing or sold
as a residential unit.
iii.If residential uses are provided immediately above the ground floor level
(i.e., second floor residential), horizontal occupancy separation must be
provided to accommodate future commercial occupancies as required by
the building code at the time of construction.
d. Residential uses shall be subject to the same setback, landscaping, and
design standards as for permitted uses in the underlying zone.
2. Mixed Use Developments Inside the Downtown Design Standards Overlay, Large
Residential densities sh-all not- exr.eed IS
Lots an One- tort/ Mixed -Use Buildings. �«sia�„--ate„
dwelling units perasre an the €-1 zone, 30 dwelling unitsper-asre in the 1 zone,
and 60 dwelling units per acre in the Zone. FGF the PUFpe a of density
r.a'Gulatiens, units of less than 600 squaFe feet Of gFOss h-2h0t2hIP fIGOF area shall
a. Applicability. This subsection, 18.2.3.130.B.2, applies to mixed -use buildings
and developments located in the Downtown Design Standards Overlay. In
addition, this subsection applies to mixed -use buildings and developments
located on lots that are 10 acres and greater in size and to one-story mixed -use
buildings, whether the lot or building is located inside or outside the
Downtown Design Standards overlay.
L Location. Mixed -use buildings and developments located in the Downtown
Design Standard overlay shall be subject to the requirements of this
subsection.
ii. Lot Size. Mixed -use buildings and developments located on lots 10 acres
and greater in size shall be subject to the requirements of this subsection.
iii. Building Height. Mixed -use buildings that are one story in height shall be
subject to this subsection.
b. Gross Floor Area.
One Building. When a planninq application is limited to one buildin
residential uses may occupy up to 35 percent of the gross floor area of the
ground floor. At least 65 percent of the gross floor area of the ground floor
shall be designated for permitted uses and uses permitted with special use
standards, not including residential uses.
ii. More Than One Building. When a planning application includes more than
one building, the equivalent of at least 65 percent of the gross floor area of
the ground floor for all buildings shall be designated for permitted uses and
uses permitted with special use standards, not including residential uses.
3. Residential uses shall be subject to the same setback, landscaping, and design
standards as for permitted uses in the underlying zone.
ORDINANCE NO. 3205
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4. Off-street parking is not required for residential uses in the C-1-D zone.
5. For the purpose of density calculations, units of less than 500 square feet of gross
habitable floor area shall count as 0.75 of a unit.
SECTION 3. Section 18.2.6.030 [Unified Standards for Non -Residential Zones — Standards for
Non -Residential Zones] of the Ashland Land Use Ordinance is hereby amended to read as
follows:
Table 18.2.6.030 — Standards for Non -Residential Zones
(Except as modified under chapter 18.5.5 Variances.)
Standard
C-1
C-1-D
E-1
M-1
Residential Density' (dwelling
30 dulas
SO dulas
45 duNas
NA
units/acre)
No Density
No Density
No Density
Maximum
Maximum
Maximum
'where allowed per section 18.2.3.130; within E-1 zone, per R-Overlay (see chapter 18.3.13 Residential Overlay).
For calculation of the affordable housing requirements provided in 18.5.8.050 the base residential density of
C-1 shall be considered 30du/ac, and E-1 shall be considered 15 du/acre.
Lot Area, Width, Depth
There is no minimum lot area, width or depth, or maximum lot coverage; or
Lot Coverage
minimum front, side or rear yard, except as required to comply with the special
district and overlay zone provisions of part 18.3 or the site development and
design standards of part 18.4.
There is no minimum front, side, or rear yard required, except
where buildings on the subject site abut a residential zone, in
which case a side of not less than 10 ft and a rear yard of not
less than 10 ft per story is required.
There is no
minimum front,
The solar setback standards of chapter 18.4.8 do not apply to
side, or rear
Setback Yards (feet)
structures in the C-1-D zone.
yard, except
20 ft where
adjoining a
Except for buildings within 100 feet of a residential zone, the
residential
solar setback standards of chapter 18.4.8 do not apply to
zone.
structures in the C-1 zone.
See also section18.2.4.030 Arterial Street Setback.
40 ft, except:
40 ft
- Buildings greater than 40 ft and less than 55 ft are
permitted in C-1-D zone with approval of a Conditional Use
Building Height2"' a zZ —
Permit.
Maximum (feet)
-Where located more than 100 feet from a residential zone,
buildings greater than 40 ft and less than 55 ft are
permitted in C-1 zone with approval of a Conditional Use
Permit.
ORDINANCE NO. 3205
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Table 18.2.6.030 — Standards for Non -Residential Zones
(Except as modified under chapter 18.5.5 Variances.)
Standard
C-1
C-1-D
E-1
M-1
;-'See definition of "height of building" in section 18.6.1.030.
32Parapets may be erected up to five feet above the maximum building height; see also, 18.4.4.030.G.4 for
mechanical equipment screening requirements, and 18.5.2.020 for Site Design Review for mechanical equipment
review process.
Landscape Area — Minimum
None, except
(% of developed lot area)
parking areas and
service stations
shall meet the
standards of
15%
chapters 18.4.3
15%
10%
Parking, Access,
and Circulation,
and 18.4.4
Landscaping,
Lighting, and
Screening.
SECTION 4. Section 18.3.13.010 [Residential Overlay Regulations — Residential Overlay] of
the Ashland Land Use Ordinance is hereby amended to read as follows:
18.3.13.010 Residential Overlay Regulations
A. Purpose. The Residential overlay is intended to encourage a concentration and mix of
businesses and housing that provides a variety of housing types, supports resource and
energy conservation, and promotes walking, bicycling, and transit use.
B. Applicability. The Residential overlay applies to all property where 'Residential Overlay' (R)
is indicated on the Zoning map.
C. Requirements. The Dwellings in the Residential overlay regUirements are as
fellewsshall meet the applicable standards in section 18.2.3.130, e"^en* *"�
dwellings developed under the Tranc at Triangle (TT) eveday eptien are net subjen4 tG
subseGfien 18.3.13.010 G, below. See seGtien 18.3.14.040 fGF the allowed uses in tM
TT every or 18.3.14.040 for the TT overlay.
Ting"
2. Residential densitmes shall not exr-ppd IS dim el ling units per aGFe. FGF the PUFPGSG
of density GaIGUlations, units of less than 600 squaFe feet of gFess habitable floe
ORDINANCE NO. 3205
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2. Residential densitmes shall not exr-ppd IS dim el ling units per aGFe. FGF the PUFPGSG
of density GaIGUlations, units of less than 600 squaFe feet of gFess habitable floe
ORDINANCE NO. 3205
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a -ter. n:sre�
M.
SECTION 5. Section 18.6.1 [Definitions] of the Ashland Land Use Ordinance is hereby
amended to include the following definition which reads as follows:
18.6.1.030 - Definitions
Commercial Readv Residential Space. Ground floor area within a mixed -use buildin
that is designed to accommodate commercial uses in compliance with applicable
design and building code standards. Commercial Ready Residential Space provides
the flexibility of occupying a space with commercial uses and allowing the use in
such space to chanae to affordable rental housina in accordance with the Ashland
Affordable Housing Program.
SECTION6. 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:
(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 7. 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.
ORDINANCE NO. 3205
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The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the -th day of , 2022,
and duly PASSED and ADOPTED this th day of , 2022,
Melissa Huhtala, City Recorder
SIGNED and APPROVED this _ day of , 2022.
I Reviewed as to form:
Douglas McGeary, Acting City Attorney
ORDINANCE NO.3205
Julie Akins, Mayor
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ASHLAND PLANNING DIVISION
STAFF REPORT
I17TW, IIDiu Jil
September 27, 2022
PLANNING ACTION: PA-L-2021-00013
APPLICANT: City of Ashland
ORDINANCE REFERENCES: AMC 18.2.3 Special Use Standards
AMC 18.2.6 Standards for Non -Residential Zones
AMC 18.3.13 Residential Overlay
AMC 18.6.1 Definitions
REQUEST: The proposal includes a series of amendments to the Ashland Municipal Code
(AMC) Title 18 Land Use to the residential standards for mixed -use development in the
Commercial (C-1) and Employment (E-1) zones. The draft code amendments are attached.
LEGISLATIVE HISTORY:
The Planning Commission held a public hearing on December 14, 2021, and recommended
approval of the prior draft of the ordinance amending AMC Title 18 Land Use. The City
Council reviewed the proposed land use code amendments at a public hearing on February
1, 2022 and did not approve first reading of the ordinance at that time. The Council
requested potential amendments be considered to allow the entirety of the first floor of
developments on E-1 and C-I lands to be residential provided certain housing affordability
conditions were met.
The amended draft ordinance presented for consideration newly incorporates allowances for
affordable rental housing within Commercial Ready Space within the ground floor area.
Commercial Ready Space could be utilized in a flexible manner as either permitted and
special permitted commercial uses, or as affordable rental housing restricted to households
earning 80% the Area Median Income (AMI) consistent with the Ashland Affordable
Housing Program.
The ordinance amendments originally presented to the Planning Commission on December
14, 2021, and to the Council on February 1, 2022, are provided as bold underlined black text
or as black strikeouts in draft Ordinance 3205 as attached. The amendments made
subsequent to the Commission's prior review are presented as bold red underlined text.
Planning Action PA-L-2021-00013
Applicant: City of Ashland
Ashland Planning Division —
Staff Report Addendum Sept 27, 2022
Page 1 of 6
I. Ordinance Amendments
A. Summary of Proposed Code Amendments
The proposal includes a series of amendments to AMC Title 18 Land Use to the
residential standards for mixed -use development located in the Commercial (C-1) and
Employment (E-1) zones. Specifically, the proposed code amendments increase the
allowance for residential uses from 35 to 65 percent of the ground floor in multi -story,
mixed -use buildings and developments located in the C-1 and E-1 zones and outside of
the Downtown Design Standards overlay. Additionally, the development of flexible
Commercial Ready Space would allow residential uses within the 35% commercially
designated floor area provided an agreement is executed with the City, or deed restriction
is recorded on the property, demonstrating that the residential use will be in conformance
with eh Ashland Affordable Housing Program as affordable rental housing for
households earning 80% AMI or less.
Buildings located within the Downtown Designs Standards overlay, buildings that are
one story in height, and properties that are 10 acres in size are larger would be subject to
the current code requirement of 35 percent of the ground floor is permitted in residential
uses.
Residential development in the E-1 zone is limited to E-I properties in the Residential
overlay (R-overlay). Approximately 42 percent of the E-1 zoned land in the city limits is
in the Residential overlay and 58 percent is not in the Residential overlay. Areas such as
Washington Street, Jefferson Avenue, Benson Way and Clover Lane are not located in
the Residential overlay. Additionally, the Croman Mill District has its own unique zones
based on the master plan and does not include any C-1 or E-1 zoned land.
The amendments are intended to provide more flexibility in the employment zones to
respond to fluctuations and changes in the economy and demand for housing. The project
objectives are to:
1) maintain an inventory of employment parcels in a variety of sizes and locations
to encourage new business development.
2) increase the supply of moderately -priced rental and for -purchase housing; and
3) jumpstart redevelopment in areas that have trouble attracting projects and/or
are in proximity to public transit and walking distance to daily service needs, such
as groceries, shops, parks, etc.
4) provide opportunities to utilize vacant commercial floor area as regulated
affordable rental housing restricted to households earning 80% AMI or less.
The draft amendments to the residential standards for mixed -use development are
attached and summarized below.
• 18.2.3.130.B. La — limits new provisions for residential uses (i.e., up to 65 percent of
the ground floor) in the C-1 and E-1 zones to locations outside of the Downtown
Design Standards overlay. In addition, to be eligible for the new provisions, the lot
size must be less than 10 acres in size and the mixed -use building must be multi -story
(i.e., two or more stories in height).
Planning Action PA-L-2021-00013 Ashland Planning Division —
Staff Report Addendum Sept 27, 2022
Applicant: City of Ashland Page 2of6
• 18.2.3.B. Lb - increases the allowance for residential uses in multi -story, mixed -use
buildings and developments from 35 to 65 percent of the ground floor. Again, this
allowance is for locations outside of the Downtown Design Standards overlay.
Additionally, the provision is limited to multi -story mixed -use buildings and lots that
are less than 10 acres in size.
• 18.2.3.B.l.c.i-iii — Creates a designation for Commercial Ready Space which is
developed to accommodate commercial occupancies but may be used flexibly as
either a commercial use or as regulated affordable rental housing for households
earning 80%AMI or less.
• 18.2.3.130.B.2.a — retains existing standard which allows up to 35 percent of the
ground floor to be used for residential uses. The existing standard applies to three
situations — properties located inside of the Downtown Design Standards overlay, for
lots 10 acres and greater in size and for single -story buildings.
• 18.2.3.130.B.2.b.i — this is the exiting standard allowing up to 35 percent of the
ground floor in residential uses, it is simply moved from the existing code section
18.2.3.130. B.1.
• 18.2.3.130.B.1.b.ii — revises the code for situations where a mixed -use development
includes more than one building. It requires the equivalent of 65 percent of the
ground floor of all the buildings to be provided in permitted or special permitted non-
residential uses. This retains the ability in mixed -use developments with more than
one building to construct a building that is entirely residential uses as long as the
equivalent square footage of 65 percent of the ground floor of the residential building
is transferred to another building in the development and is used for permitted and
special permitted non-residential uses.
• Table 18.2.6.030 — deletes residential densities in the C-1, C-1-D and E-1 zones.
• 18.3.13.010.0 — removes existing language that duplicates the standards in 18.2.3.130
Dwellings in Non -Residential Zones and instead references the requirements in
18.2.3.130 for the Residential overlay or in 18.3.14.040 for the Transit Triangle (TT)
overlay. The Residential overlay applies to a portion but not all of the E-1 zone.
• 18.6.1.030 [Definition] - amended to include definition of Commercial Ready Space.
B. Discussion
The 2021-2041 Housing Capacity Analysis (HCA) is a technical study required by state
law and was adopted by the City Council on August 17, 2021 as a technical report and
supporting document to the Ashland Comprehensive Plan. The HCA provides a number
of recommended policy changes to address Ashland's unmet housing needs that are
related to the proposed code amendments. The HCA's recommended policy changes or
strategies are presented as guidance for the upcoming Housing Production Strategy.
Strategy 1: Ensure an adequate supply of land is available and serviced
• Strategy 1.3: Identify opportunities to increase allowances for residential uses on the
ground floor of buildings within commercial and employment zones.
• Strategy IA: Evaluate decreasing multifamily parking requirements.
Strategy 2: Provide opportunities for housing development to meet the City's identified
housing needs
• Strategy 2.2: Evaluate opportunities incentivize smaller units through amendments to
allowable densities.
Planning Action PA-L-2021-00013
Applicant: City of Ashland
Ashland Planning Division —
Staff Report Addendum Sept 27, 2022
Page 3 of 6
• Strategy 2.4: Evaluate increasing allowances for residential dwellings in commercial
and employment zones, such as allowing an increased amount of residential uses in
ground floor commercial spaces.
Strategy 5: Align housing planning with the Climate and Energy Action Plan
Strategy 5.4: Evaluate opportunities to develop new housing closer to downtown and
commercial centers to reduce dependence on automobiles for transportation.
The Oregon Statewide Planning System requires all cities and counties in Oregon to
address Statewide Planning Goal 9 Economic Development. Goal 9 requires cities and
counties to provide an adequate land supply for economic development and employment
growth. Chapter VII Economy of the Ashland Comprehensive Plan and the 2007
Economic Opportunity Analysis (EOA) address the Goal 9 requirements.
Oregon Administrative Rule (OAR) 660 Division 9 implements Goal 9 and provides two
options for land use code and comprehensive plan amendments. The first option in OAR
660-009-0010(3) allows local jurisdictions to make amendments by relying on existing
plans if findings can be made that there are no significant changes in economic
development opportunities based on new information about national, state, regional,
count and local trends.
The second option in OAR 660-009-0010(4) requires changes to the designation of land
in excess of two acres from an employment use designation to any other use designation.
Under this provision, a city or county must show the amendment is consistent with the
comprehensive plan and existing EOA. If the proposed amendment can't be supported by
the adopted comprehensive plan and EOA, OAR 660-009-0010(4) requires an update the
comprehensive plan and/or EOA.
After researching the Goal 9 requirements and speaking to the Oregon Department of
Land Conservation (DLCD), staff believes the analysis performed by Fregonese
Associates can be used to address OAR 660-009-0010(3) for the proposed code
amendments to increase the allowance for residential uses from 35 to 65 percent of the
ground floor in multi -story, mixed -use buildings and developments located in the C-1 and
E-1 zones and outside of the Downtown Design Standards overlay.
With assistance from Fregonese Associates, staff researched and assessed the rate of
employment land consumption and the growth rate in number of jobs in Ashland since
the adoption of the 2007 EOA. Fregonese and Associates analyzed the buildable lands
data, building permits issued, and Ashland's employment data in the last 10 years and
found there is sufficient C-1 and E-1 land for future employment needs. Specific items in
the data analysis include the following.
• The land consumption rate in the C-1 and E-1 zones is relatively low with an
average of 2 acres per year used for the last 8 years.
• Of the 50 building permits that were issued for commercial development in the
last 10 years, 26 permits were in located in the C-1 and E-1 zones and the other
24 permits were located in the C-1-D zone (Downtown) or were public projects
such as SOU and Ashland School District projects.
Planning Action PA-L-2021-00013
Applicant: City of Ashland
Ashland Planning Division —
Staff Report Addendum Sept 27, 2022
Page 4 of 6
The 2007 Economic Opportunity Analysis (EOA) forecasted more
employment growth than has occurred over the last 14 years. The EOA
projected 15,220 jobs by 2027, including 10,654 jobs in retail and services.
State employment data shows a total of 10,237 jobs in the Ashland Urban
Growth Boundary in 2019.
The EOA determined that 30% of the employment growth would not require
consumption of vacant land.
Currently, approximately 20% of the jobs are in residential zones.
As proposed in the ordinance amendments, at least 35% of the ground floor must be uses
as a permitted or special permitted (commercial) use, or alternatively as Commercial
Ready Space that could be used as income restricted affordable rental housing. In 2021
the Oregon Legislature approved Senate Bill 8 which restricts local governments from
denying or limiting the approval of affordable housing applications in a number of
circumstances including when the property is zoned for commercial uses. By providing
an option for the development of Commercial Ready Space on the ground floor of mixed -
use buildings, that can be used as affordable rental housing restricted to households with
incomes at 801/oAMI, the amendments proposed create a path for the city to approve of
the use of vacant commercial floor area as needed affordable housing within the C-1 and
E-1 zones.
C. Project Background
The Planning Commission, at the study session meeting on December 22, 2020 evaluated
a proposal from members of the private development community that suggested that there
is a surplus of commercial space that could be used to provide housing units. The
concerns raised included the decreased demand for commercial space due to ecommerce
and the pandemic while housing demand continues to increase, particularly after the
Almeda fire. The private development representatives suggested amending the land use
code to allow the temporary use of ground floor commercial space to be used for housing
units and requiring the buildings to be constructed to commercial building code standards
so the space could be converted in the future should demand for commercial space return.
The City Council initiated the project at the March 16, 2021 business meeting.
Specifically, the Council directed staff to work with the Planning Commission to evaluate
the draft code language prepared by private development representatives (KDA Homes),
and propose amendments to the land use ordinance which would provide the flexibility to
temporarily use the ground floor of commercial buildings for housing.
The Planning Commission reviewed and discussed the proposed code amendment project
at the June 22, 2021, August 24, 2021, October 26, 2021 and November 23, 2021 study
session meetings. The Planning Commission held a public hearing on December 14,
2021, and recommended approval of the prior draft of the ordinance amending AMC
Title 18 Land Use. The City Council reviewed the proposed land use code amendments
at a public hearing on February 1, 2022 and did not approve first reading of the ordinance
at that time.
Planning Action PA-L-2021-00013
Applicant: City of Ashland
Ashland Planning Division —
Staff Report Addendum Sept 27, 2022
Page 5 of 6
Currently, at least 65 percent of the ground floor of buildings in the commercial (C-1) and
employment (E-1) zones is required to be commercial and light industrial uses. The remaining 35
percent of the ground floor can be used for residential dwellings as well 100 percent of the upper
stories in multi -story buildings. The exceptions are:
1) in the Transit Triangle (TT) overlay, a minimum of 35 percent of the ground floor is
required to be used for commercial and light industrial uses and
2) in the commercial area of the North Mountain Neighborhood District, the ground floor
can be used entirely for housing but must be built to commercial building code standards
so that the space can be converted to commercial uses in the future.
In 1992, the land use code was amended to eliminate entirely residential buildings as an allowed
use in the C-1 and E-1 zones (Ord. 2688). The current standard of requiring 65 percent of the
ground floor in commercial or light industrial uses was put in place at that time, as well as
residential densities for each of the zones. Prior to 1992, residential buildings comprised entirely
of housing units could be built in the C-1 and E-1 zones with the approval of a conditional use
permit. The 1992 code update was in part due to concern about construction of residential
buildings near the downtown and loss of future commercial space.
II. Procedural
18.5.9.020 Applicability and Review Procedure
Applications for Plan Amendments and Zone Changes are as follows:
B. Type III. It may be necessary from time to time to make legislative amendments in order to
conform with the Comprehensive Plan or to meet other changes in circumstances or
conditions. The Type III procedure applies to the creation, revision, or large-scale
implementation of public policy requiring City Council approval and enactment of an
ordinance; this includes adoption of regulations, zone changes for large areas, zone
changes requiring comprehensive plan amendment, comprehensive plan map or text
amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth
boundary amendments. The following planning actions shall be subject to the Type III
procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except where
minor amendments or corrections may be processed through the Type II procedure
pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to other
official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
III. Conclusions and Recommendations
Staff recommends the Planning Commission recommend approval of the proposed amendments
to the City Council.
The proposed amendments are scheduled for a public hearing and first reading at the City
Council on November 151h, and for second reading on December 6, 2022.
Planning Action PA-L-2021-00013 Ashland Planning Division —
Staff Report Addendum Sept 27, 2022
Applicant: City of Ashland Page 6 of 6
ASHLAND PLANNING DIVISION
STAFF REPORT
December 14, 2021
PLANNING ACTION: PA-L-2021-00013
APPLICANT: City of Ashland
ORDINANCE REFERENCES: AMC 18.2.3 Special Use Standards
AMC 18.2.6 Standards for Non -Residential Zones
AMC 18.3.13 Residential Overlay
REQUEST: The proposal includes a series of amendments to the Ashland Municipal Code
(AMC) Title 18 Land Use to the residential standards for mixed -use development in the
Commercial (C-1) and Employment (E-1) zones. The draft code amendments are attached.
I. Ordinance Amendments
A. Summary of Proposed Code Amendments
The proposal includes a series of amendments to AMC Title 18 Land Use to the
residential standards for mixed -use development located in the Commercial (C-1) and
Employment (E-1) zones. Specifically, the proposed code amendments increase the
allowance for residential uses from 35 to 65 percent of the ground floor in multi -story,
mixed -use buildings and developments located in the C-1 and E-1 zones and outside of
the Downtown Design Standards overlay. Buildings located within the Downtown
Designs Standards overlay, buildings that are one story in height, and properties that are
10 acres in size are larger would be subject to the current code requirement of 35 percent
of the ground floor is permitted in residential uses.
Residential development in the E-1 zone is limited to E-1 properties in the Residential
overlay (R-overlay). Approximately 42 percent of the E-1 zoned land in the city limits is
in the Residential overlay and 58 percent is not in the Residential overlay. Areas such as
Washington Street, Jefferson Avenue, Benson Way and Clover Lane are not located in
the Residential overlay. Additionally, the Croman Mill District has its own unique zones
based on the master plan and does not include any C-1 or E-1 zoned land.
The amendments are intended to provide more flexibility in the employment zones to
respond to fluctuations and changes in the economy and demand for housing. The project
objectives are to: 1) maintain an inventory of employment parcels in a variety of sizes
and locations to encourage new business development; 2) increase the supply of
moderately -priced rental and for -purchase housing; and 3) jumpstart redevelopment in
areas that have trouble attracting projects and/or are in proximity to public transit and
walking distance to daily service needs, such as groceries, shops, parks, etc.
Planning Action PA-L-2021-00013 Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 1 of 5
The draft amendments to the residential standards for mixed -use development are
attached and summarized below.
• 18.2.3.130.B. La — limits new provisions for residential uses (i.e., up to 65 percent of
the ground floor) in the C-1 and E-1 zones to locations outside of the Downtown
Design Standards overlay. In addition, to be eligible for the new provisions, the lot
size must be less than 10 acres in size and the mixed -use building must be multi -story
(i.e., two or more stories in height).
• 18.2.3.13. Lb - increases the allowance for residential uses in multi -story, mixed -use
buildings and developments from 35 to 65 percent of the ground floor. Again, this
allowance is for locations outside of the Downtown Design Standards overlay.
Additionally, the provision is limited to multi -story mixed -use buildings and lots that
are less than 10 acres in size.
0 18.2.3.130.B.2.a — retains existing standard which allows up to 35 percent of the
ground floor to be used for residential uses. The existing standard applies to three
situations — properties located inside of the Downtown Design Standards overlay, for
lots 10 acres and greater in size and for single -story buildings.
• 18.2.3.130.B.2.b.i — this is the exiting standard allowing up to 35 percent of the
ground floor in residential uses, it is simply moved from the existing code section
18.2.3.130. B.1.
• 18.2.3.130.B.1.b.ii — revises the code for situations where a mixed -use development
includes more than one building. It requires the equivalent of 65 percent of the
ground floor of all the buildings to be provided in permitted or special permitted non-
residential uses. This retains the ability in mixed -use developments with more than
one building to construct a building that is entirely residential uses as long as the
equivalent square footage of 65 percent of the ground floor of the residential building
is transferred to another building in the development and is used for permitted and
special permitted non-residential uses.
• Table 18.2.6.030 — deletes residential densities in the C-1, C-1-D and E-1 zones and
adds a minimum floor area ratio (FAR) of .50.
• 18.3.13.010.0 — removes existing language that duplicates the standards in 18.2.3.130
Dwellings in Non -Residential Zones and instead references the requirements in
18.2.3.130 for the Residential overlay or in 18.3.14.040 for the Transit Triangle (TT)
overlay. The Residential overlay applies to a portion but not all of the E-1 zone.
B. Discussion
The 2021-2041 Housing Capacity Analysis (HCA) is a technical study required by state
law and was adopted by the City Council on August 17, 2021 as a technical report and
supporting document to the Ashland Comprehensive Plan. The HCA provides a number
of recommended policy changes to address Ashland's unmet housing needs that are
related to the proposed code amendments. The HCA's recommended policy changes or
strategies are presented as guidance for the upcoming Housing Production Strategy.
Strategy 1: Ensure an adequate supply of land is available and serviced
• Strategy 1.3: Identify opportunities to increase allowances for residential uses on the
ground floor of buildings within commercial and employment zones.
• Strategy 1.4: Evaluate decreasing multifamily parking requirements.
Planning Action PA-L-2021-00013 Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 2 of 5
Strategy 2: Provide opportunities for housing development to meet the City's identified
housing needs
• Strategy 2.2: Evaluate opportunities incentivize smaller units through amendments
to allowable densities.
• Strategy 2.4: Evaluate increasing allowances for residential dwellings in commercial
and employment zones, such as allowing an increased amount of residential uses in
ground floor commercial spaces.
Strategy 5: Align housing planning with the Climate and Energy Action Plan
Strategy 5.4: Evaluate opportunities to develop new housing closer to downtown and
commercial centers to reduce dependence on automobiles for transportation.
The Oregon Statewide Planning System requires all cities and counties in Oregon to
address Statewide Planning Goal 9 Economic Development. Goal 9 requires cities and
counties to provide an adequate land supply for economic development and employment
growth. Chapter VII Economy of the Ashland Comprehensive Plan and the 2007
Economic Opportunity Analysis (EOA) address the Goal 9 requirements.
Oregon Administrative Rule (OAR) 660 Division 9 implements Goal 9 and provides two
options for land use code and comprehensive plan amendments. The first option in OAR
660-009-0010(3) allows local jurisdictions to make amendments by relying on existing
plans if findings can be made that there are no significant changes in economic
development opportunities based on new information about national, state, regional,
count and local trends.
The second option in OAR 660-009-0010(4) requires changes to the designation of land
in excess of two acres from an employment use designation to any other use designation.
Under this provision, a city or county must show the amendment is consistent with the
comprehensive plan and existing EOA. If the proposed amendment can't be supported by
the adopted comprehensive plan and EOA, OAR 660-009-0010(4) requires an update the
comprehensive plan and/or EOA.
After researching the Goal 9 requirements and speaking to the Oregon Department of
Land Conservation (DLCD), staff believes the analysis performed by Fregonese
Associates can be used to address OAR 660-009-0010(3) for the proposed code
amendments to increase the allowance for residential uses from 35 to 65 percent of the
ground floor in multi -story, mixed -use buildings and developments located in the C-1 and
E-1 zones and outside of the Downtown Design Standards overlay.
With assistance from Fregonese Associates, staff researched and assessed the rate of
employment land consumption and the growth rate in number of jobs in Ashland since
the adoption of the 2007 EOA. Fregonese and Associates analyzed the buildable lands
data, building permits issued, and Ashland's employment data in the last 10 years and
found there is sufficient C-1 and E-1 land for future employment needs. Specific items in
the data analysis include the following.
• The land consumption rate in the C-1 and E-1 zones is relatively low with an average
of 2 acres per year used for the last 8 years.
• Of the 50 building permits that were issued for commercial development in the last 10
years, 26 permits were in located in the C-1 and E-1 zones and the other 24 permits
Planning Action PA-L-2021-00013 Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 3 of 5
were located in the C-1-D zone (Downtown) or were public projects such as SOU and
Ashland School District projects.
The 2007 Economic Opportunity Analysis (EOA) forecasted more employment
growth than has occurred over the last 14 years. The EOA projected 15, 220 project
jobs by 2027, including 10,654 jobs in retail and services. State employment data
shows a total of 10,237 jobs in the Ashland Urban Growth Boundary in 2019.
The EOA determined that 30% of the employment growth would not require
consumption of vacant land.
Currently, approximately 20% of the jobs are in residential zones.
As originally suggested by KDA, one of the options that the Planning Commission
discussed included revising the land use code to allow 100 percent of the ground floor of
newly constructed buildings in the C-1 and E-1 zones to be used for residential uses.
According to staff s research, an amendment allowing 100 percent of the ground floor of
mixed -use buildings in the C-1 and E-1 zones to be used for housing will likely be
considered a significant change and possibly a change from an employment land use
designation under OAR 660-009-0010(4). As a result, it is staff s understanding that the
2007 EOA would need to be updated to show that there will be an adequate supply of
employment lands to address Ashland's future economic and job needs.
In staff s opinion, the options are to move forward with the attached amendments,
consider the 100 percent residential ground floor as one of the options in the housing
production strategy, or both amend the code as proposed and identify the 100 percent
residential ground floor amendment in the housing production strategy. Potential future
actions could involve rezoning employment lands for residential purposes, creating a
mixed -use zone with greater flexibility and residential allowances similar to the North
Mountain Neighborhood Commercial Zone, or simply retaining existing C-1 and E-1
zoning with the options to build 100 percent residential projects.
C. Project Background
Laz Ayala and Mark Knox from KDA Homes introduced the issue to the Planning
Commission at the study session meeting on December 22, 2020. The KDA
representatives suggested that there is a surplus of commercial space that could be used to
provide housing units. The concerns raised included the decreased demand for
commercial space due to ecommerce and the pandemic while housing demand continues
to increase, particularly after the Almeda fire. The KDA representatives suggested
amending the land use code to allow the temporary use of ground floor commercial space
to be used for housing units and requiring the buildings to be constructed to commercial
building code standards so the space could be converted in the future should demand for
commercial space return.
The City Council initiated the project at the March 16, 2021 business meeting.
Specifically, the Council directed staff to work with the Planning Commission to evaluate
the draft code language prepared by representatives of KDA Homes and propose
amendments to the land use ordinance which would provide the flexibility to temporarily
use the ground floor of commercial buildings for housing.
Planning Action PA-L-2021-00013 Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 4 of 5
The Planning Commission reviewed and discussed the proposed code amendment project
at the June 22, 2021, August 24, 2021, October 26, 2021 and November 23, 2021 study
session meetings.
Currently, at least 65 percent of the ground floor of buildings in the commercial (C-l) and
employment (E-1) zones is required to be commercial and light industrial uses. The remaining 35
percent of the ground floor can be used for residential dwellings as well 100 percent of the upper
stories in multi -story buildings. The exceptions are: 1) in the Transit Triangle (TT) overlay, a
minimum of 35 percent of the ground floor is required to be used for commercial and light
industrial uses and 2) in the commercial area of the North Mountain Neighborhood District, the
ground floor can be used entirely for housing but must be built to commercial building code
standards so that the space can be converted to commercial uses in the future.
In 1992, the land use code was amended to eliminate entirely residential buildings as an allowed
use in the C-1 and E-1 zones (Ord. 2688). The current standard of requiring 65 percent of the
ground floor in commercial or light industrial uses was put in place at that time, as well as
residential densities for each of the zones. Prior to 1992, residential buildings comprised entirely
of housing units could be built in the C-1 and E-1 zones with the approval of a conditional use
permit. The 1992 code update was in part due to concern about construction of residential
buildings near the downtown and loss of future commercial space.
II. Procedural
18.5.9.020 Applicability and Review Procedure
Applications for Plan Amendments and Zone Changes are as follows:
B. Type III. It may be necessary from time to time to make legislative amendments in order to
conform with the Comprehensive Plan or to meet other changes in circumstances or
conditions. The Type III procedure applies to the creation, revision, or large-scale
implementation of public policy requiring City Council approval and enactment of an
ordinance; this includes adoption of regulations, zone changes for large areas, zone
changes requiring comprehensive plan amendment, comprehensive plan map or text
amendment, annexations (see chapter 18.5.8 for annexation information), and urban growth
boundary amendments. The following planning actions shall be subject to the Type III
procedure.
1. Zone changes or amendments to the Zoning Map or other official maps, except where
minor amendments or corrections may be processed through the Type II procedure
pursuant to subsection 18.5.9.020.A, above.
2. Comprehensive Plan changes, including text and map changes or changes to other
official maps.
3. Land Use Ordinance amendments.
4. Urban Growth Boundary amendments.
III. Conclusions and Recommendations
Staff recommends the Planning Commission recommend approval of the proposed amendments
to the City Council. The proposed amendments are scheduled for a public hearing and first
reading at the City Council on January 4 and for second reading on January 18.
Planning Action PA-L-2021-00013 Ashland Planning Division — Staff Report
Applicant: City of Ashland Page 5 of 5
Ashland Economic Sustainability Assessment
Laz Ayala, KDA Homes, LLC
12/11/2020
Ashland Planning Commission,
For many years, our community has been experiencing a housing supply problem
involving market rate and subsidized housing, particularly 1- and 2-bedroom units
often referred to as workforce housing. Workforce housing is essential in
attracting businesses to our community as we look to diversify our local economy.
Forrest fires, Covid-19 and E-commerce have caused serious short- and long-term
damage to Ashland's economy. These phenomenons are not likely to disappear and
in fact, experts warn to expect more in the years ahead. While these phenomenons
have created economic devastation and accelerated shifts in how we live, work,
shop, and play they also bring opportunities we must embrace if Ashland is to
remain the thriving community it still is today. We have two choices: embrace
these opportunities or become collateral dammage.
We have time to assess what may or may not work in Ashland's future economy
and make the necessary changes to adapt to the fast -changing world we live in. If
we agree that our tourist economy is in peril, we must respond withh the changes
needed to adapt to a more diverse and sustainable economy. As earlier mentioned,
an adequate supply of workforce housing is fundamental in this effort and as such
we must explore ways, we can provide much needed workforce housing that will
not only address our housing needs, but provide revenue to fund City services such
as fire, police, water, sewer, roads, parks, schools, affordable housing and other
public funded programs.
If we agree that demand for office and retail commercial space is in decline and
recognize the need for more workforce housing, council should consider a minor
amendment to the commercial and employment zones (C-1 / E-1) allowing for
100% residential uses at ground level (with conditions for future commercial
conversion) such as in the Transit Triangle and North Mountain neighborhoods.
Except for these two neighborhoods, 100% residential is not permitted at ground
level in other commercial zone districts in Ashland. We believe Downtown should
not be part of this amendment, but rather commercial properties located within the
fringe of Downtown, such as the commercial and employment district between
"A" and Hersey extending west to Laurel and east to Mountain. Why 100%
residential at ground level? There is no demand for retail or office space amd
banks will not finance these projects nor will developers take a risk building
commercial space for which there is no market.
Amending the commercial code to allow for 100% residential use makes projects
like Meadowbrook Apartments along Fair Oaks Avenue within the North
Mountain Master Plan area feasible. Below is a summary of the economic benefit
to the City in terms of revenue in addition to the workforce housing opportunities
provided:
The Meadowbrook Apartments project which is currently under construction
has contributed approximately $148,575.75 in permit fees and $206,253.19
system development fees (CDCs) for a total of $358,000. Upon completion it is
estimated to provide $72,333.57 in annual tax revenue, $52,000 of which will
go directly to the City of Ashland.
It is conceivable that amending the commercial zone requirements to allow for
100% residential would generate enough interest in similar projects and it is
conceivable to see several of these projects get built every year thereby providing
revenue for the City and its agencies and much needed workforce housing to attract
investment and businesses to diversify our economy.
Sincerely,
Laz Ayala
[ Submitted by Amy Gunter ]
Good evening planning commissioners,
I would like to add to the discussion on changes to the housing and employment zones codes.
Now is the opportunity for the city to make a meaningful, substantive impact on the present restrictions
regarding provision of housing in the commercial and employment zones and parking requirements.
This discussion shouldn't be relegated to the existing residential overlay. This discussion should be
regarding all commercial and employment zone lands. There are areas that do not have residential
overlay but directly abut residential lands. The industrial zone does not allow for residential use. I would
wager a bet that there are a number of 'residences' in the Employment zone.
Additionally, the existing uses of a site shouldn't determine that residential isn't allowed for example
properties that have a conditional use permit such as a hotel cannot be converted to the 65/35 ratio as
the code prevents residential development when the commercial property is occupied by a conditional
use. The irony of this is that hotels have similar if not more fire life safety protections for their guests as
an apartment complex requires. Additionally, generally the parking for a hotel is similar to the parking
for a studio or small one bedroom so the physical changes to the property to accommodate the change
of use are limited.
The code appears to eliminate the allowance for multiple buildings that would allow for a building that
was entirely residential in conjunction with a commercial development. This should be allowed so that
there can be stand-alone apartments. Possibly require the commercial building to be fronting upon the
street like the projects we are doing in Talent on North Pacific Highway.
I suggest that it be considered that commercial property is allowed to develop at 100% residential when
developed to the high -density multi -family residential standards. Medford has had successful residential
development adjacent to large scale commercial developments in their commercial zones and the
numbers of pedestrians and foot traffic to the businesses is increased due to the increase in housing on
directly adjacent properties. For all intents and purposes, multi -family residential functions like and has
similar traffic impacts as many permitted commercial uses. The traffic impacts are similar except that
there is the ability to functionally reduce trips because people can walk to the nearby businesses. You'll
find projects like this on West Main/Ross in Medford.
Parking:
The parking is not part of the discussion this evening I would like to comment that in all of the Rogue
Valley jurisdictions where I have done planning and development projects Ashland has the highest
parking requirements. This includes not only the number of parking spaces, the sizes of the parking
spaces, the required buffering for said parking, most communities allow for stacking of residential
parking. So in the event that a garage has a 20 foot front yard setback that garage space provides one
parking space and the space behind that provides a second this way acknowledging that is how much of
the historic area, the area around Harmony Lane, Ross Lane, Linda Ave., Ray lane, Parker St, Garfield St,
you get my drift, there's a lot of single width driveways around town that only count as one parking
space regardless of the how many vehicles can stack in the same driveway.
In conclusion,
Nobody wants to build vacant commercial structures but there is a lot of interest in building, expanding
residential structures. I did suggest that my clients that own commercial and employment zoned
property participate in this discussion because there are many that feel stuck. The folks on A Street and
Hersey Street in the houses that are nearly impossible to convert to commercial are stuck in non-
conforming developments.
thank you for looking into making changes. I suggest you look deeper and consider broader, more
impactful changes some of the suggestions include.
• Allow for 100 percent residential in the C-1 zones when developed to high density, multi -family
residential standards.
• Retain the mix in the employment zones
• Retain the mixed -use component that allows for 50 percent of the site area (or some other
number) to be residential in conjunction with commercial development when in separate
structures.
• Allow for residential use when there is a conditional use on the property and do not restrict to
permitted or special permitted uses.
• Allow for single story, mixed use construction of buildings
• Consider taller buildings (3 and 4 story buildings in the E-1)
• Revise the Economic Opportunity Analysis due to substantial changes to Ashland's economy that
may not have been captured in 2007. This would provide avenue to allow more E-1 with R
overlay in the areas that I note above.
• By all means reduce the parking requirements.
Thank you for your time.
KDAHomes
plan. develop. build
December 16"', 2020
TO: Ashland Planning Commission & Planning Staff
FROM: Mark Knox, KDA Homes, LLC
SUBJECT: Ashland Economic Sustainability
Background: As the Planning Commission and Planning Staff are aware, over the last few years I
have spoken publically about concerns relating to e-commerce and how quickly technology is
effecting Main Street's across the country. Main Streets have always been under attack with the
innovation of the automobile, invention of malls or most recently big box retailers. But, today's
rapid technological advancements relating to e-commerce, automation and overnight shipping,
compounded by low-cost goods sourced from other countries is far different and likely to have the
most devastating impact.
3,500
3,000
City of Ashland
2018 Transit Triangle \ 2,500
(adopted)
2,000
1,500
City of Ashland
2011 Economic Analysis 1,000
(most current)
50o
----------------------------------------
2000 2005 2010 2015 2020
Amazon's stock over past 23 years
After experiencing the phenomenon first hand in the summer of 2017 while visiting the Main
Street section in Tiburon California, reading multiple articles on the subject and closely monitoring
our own Downtown Main Street, the problem is real. I've also talked with numerous professionals
Planning Commission's hearings and discussion of the Transit Triangle Infill Strategy, I submitted
testimony relating to this issue and suggested the Planning Commission consider "swapping" the
ground floor commercial code "requirement" from a minimum 65% required ground floor
commercial use and maximum 35% ground floor residential use and the Planning Conunission
unanimously concurred, as did the City Council. The general idea being commercial space demand
is in decline whereas residential demand continues to remain strong.
Unfortunately, since 2018, the issue has only worsened for a variety of reasons and so I'm again
speaking out, talking with the Chamber of Commerce, City Council, Planning Staff, Southern
Oregon University, Planning Staff, colleagues and anyone else who will listen.
Problem: The problems facing AshIand's Main Street are not just tied to e-commerce, big box or
auto centric competition, but now it's facing the impacts and/or implications of forest fires, fear of
travel from the pandemic, declining lease projections for professional office space due to the
pandemic and a decline in Shakespeare or theatre enthusiasts. Further, in what should be
considered a warning alarm, lending institutions have either stopped or significantly increased
their lending demands for commercial developments, including mixed -use developments.
Unlike many other small towns across the country, Ashland has numerous attributes and livability
components that draw visitors and locals to its fine dining establishments, pubs and bookstores,
but it is not immune to real world issues and a slow erosion can quickly occur if we do not try to
address it. And, because of the speed at which it is occurring, it needs immediate attention.
Solution: As most people know, I was a City Planner for the City of Ashland in what seems like
yesterday but is now "years ago". I'm now a local Developer who does land use planning for a
small development company. Over the last eight years, I've had the opportunity to work on various
land use projects from small subdivisions (Garden Cottages — Ashland's first Cottage Housing
Development) to large scale commercial developments (First Place along Lithia Way). I've also
had the opportunity to work with a variety of professionals and obtain a better understanding of
complex financial matters and market trends.
Benefits: The suggested amendment should be beneficial for a number of reasons, including the
following:
1) It provides much needed small unit affordable rental housing in areas that are generally
close to essential services;
2) It provides much needed housing that hopefully creates a surplus and thus helps stabilizes
market rental housing prices;
3) It provides the financial incentive for property owners to invest and construct mixed -use
buildings;
4) It encourages financial institutions to finance mixed -use buildings. This is critical as
without the financing, the building does not get built nor do "any" permissible residential
units;
5) It helps maintain the City's tax base and related construction impact fees for streets, roads,
schools, etc. A perfect example is the now under construction Meadowbrook Square
Apartment Building (see picture insert below) that would NOT have been possible without
the suggested exception language built into the North Mountain Master Plan in 1995. In
this case, the related construction fees are approximately $148,575 and SDC fees $206,253.
Upon completion, the annual tax revenue will be roughly $72,333 of which $52,000 will
go to the City of Ashland and Ashland School District. Note: The Meadowbrook Square
Condominiums (across the street) are currently contributing $30,229.06 in tax revenue
annually of which approximately $22,000 goes directly to the City of Ashland and Ashland
School District. Permit and SDC's paid to City of Ashland totaled $95,751.26. This
building's ground floor unit is also "interim" and used as a residence;
Meadowbrook Apartments (12.16.2020) Three-story Mixed -Use Building with "24" 500 sq. ft.
apartments on Vd and Yd floors and "5" hiterinc residential apartments on ground floor to eventually
be converted to commercial office/retail use pending market demand.
6) It still requires the appearance of typical commercial mixed -use facades as envisioned in
the City's Site Design & Use Standards;
7) It provides an opportunity for an expeditious conversion from residential to commercial
when the market demands. In the vast majority of cases, commercial business cannot
"wa.it" the typical 1 to 2 year timeframe for land use planning and construction and thus
under the suggested code provision, the commercial spaces are already in existence and
only have to "wait" 6 to 9 months to complete tenant improvements;
8) It helps stimulate construction employment and any related employment;
9) It can help provide for an added customer base for local businesses during what appears to
be a long slow trend of declining tourism due to a variety of real or perceived factors related
to climate change conditions, tourism preferences, etc.
Negative Implications: At the present time, I do not believe there are any negative implications
with this proposal, but also understand the idea needs to be vetted with the public, staff, Planning
Commission and City Council. Further, I do not believe there are any State land use limitations as
the proposal does not eliminate or reduce available commercial or employment lands, it simply
provides for a more efficient use of those lands until the market demand exists.
Overall, I appreciate the opportunity to voice my opinion on this important matter and look forward
to discussing it with the Planning Commission. As mentioned, I've discussed the suggested
amendment proposal with a number of City leaders and local business owners and all agree the
idea is sound and timing appropriate. In that regard, the starting point for official consideration is
the Ashland Planning Commission via a public Study Session.
Sincerely,
Mark Knox
276 W. Nevada Street
Ashland, OR 97520
Related Articles:
1) Mounting commercial real estate losses threaten banks, recovery (The Washington Post,
11/11/20)
https://www.washinp-t=ost.com/business/2020/1 1/1 I/commeicial-real-estate-economy-I
2) Amazon is noiv a drug store. (CNN Business, 11/17/20)
https://www.cnn.com/2020/11/17/business/amazon- harmac -lalinah/index-h ml
3) Can Governments Save Main Street? (The Salem News, 11/30/20).
https•//www salemnews com/opinion/columns/column-can-governments-help-save-main-
street/article OOOale23-cadd-54ca-b9fl-651bllcbdb3a.html
4) Small Town Kept Walmart Out. Now It Faces Amazon. (The Atlantic, 3/3/18)
https•//www theatlantic com/business/archive/2018/03/amazon-local-retail/55468l/
5) Downtowns Matter (State of Main, Edward T. McMahon Fall 2016)
https•//www mainstreet orgLHigherLogic/System/DownloadDocumentFile.ashx?DocumentFi
leKg]=32bde543-eeb9-3bd4-Off5-Oa525562b1b8&forceDialogfO
From: Melissa Huhtala
To: Brandon Goldman
Subject: FW: Ashland City Council Public Testimony
Date: Tuesday, February 01, 2022 11:45:14 AM
FYI
From: Eric Navickas <navickasdesign@gmail.com>
Sent: Sunday, January 30, 2022 3:20 PM
To: Public Testimony <public-testimony@ashland.or.us>
Subject: Ashland City Council Public Testimony
[EXTERNAL SENDER]
Agenda Item X.I. Public Hearing and First Reading of Housing in Employment
Lands Code Amendments
Council,
The proposal before you is a land use decision subject to appeal to LUBA pursuant to
ORS 197.825(1), stating, "the Land Use Board of Appeals shall have exclusive
jurisdiction to review any land use decision or limited land use decision of a local
government".
The ordinance changes propose to shift the use of employment zones and commercial
zones to allow more residential uses. Under OAR 600-009-0010(4) a plan
amendment "that changes the plan designation of land in excess of two acres within an
existing urban growth boundary from an industrial use designation to a non -industrial use
designation, or an other employment use designation to any other use designation, a city or
county must address all applicable planning requirements, and; (a)Demonstrate that the
proposed amendment is consistent with its most recent economic opportunities analysis and the
parts of its acknowledged comprehensive plan which address the requirements of this division".
OAR 600-090-0010(1) states that cities "subject to this division must adopt plan and
ordinance amendments necessary to comply with this division." The outdated 2007
Economic Opportunities Analysis and related Comprehensive Plan need to be
amended to meet this requisite demand.
The staff report relies on exceptions allowed under OAR 600-009-0010(5), stating,
"[a] jurisdiction's planning effort is adequate if it uses the best available or readily
collectable information to respond to the requirements of this division." To fulfill this
exception the staff offers a limited study by Fergonese's and Associates, stating, "[i]n
order to ensure that Ashland's inventory of commercial and employment lands could accommodate
future business development, the city contracted with Fregonese and Associates to assist in
analyzing the buildable lands data, building permits issued, and Ashland's employment data over the
last 10 years."
The inadequacy of the Fergonese and Associates study is obvious when compared with the
requirement of the Economic Opportunity Analysis as defined under OAR 600-009-0015(1), stating,
"[t]he economic opportunities analysis must identify the major categories of industrial
or other employment uses that could reasonably be expected to locate or expand in
the planning area based on information about national, state, regional, county or
local trends." A specifically local analysis fails to meet this requirement especially as
the national trend of "onshoring" or "reshoring" manufacturing as a result of supply
chain disruptions continues to make headline news.
OAR 600-009-0015(2) requires consideration of site characteristics,
stating, "[t]he economic opportunities analysis must identify the number of sites by
type reasonably expected to be needed to accommodate the expected employment
growth based on the site characteristics typical of expected uses." With the
subsequent proposal to convert much of the Croman Mill Site to residential uses, the
prerequisite of an Economic Opportunities Analysis that considers existing land in
relation to site characteristics is imperative to maintaining the types of land where
employment activities can realistically be realized. This concept is continued in OAR
600-009-0015(4)(a)-(h), stating that the estimate of employment growth "must
consider the planning area's economic advantages and disadvantages" with a long
list of factors to consider. The Fergonese and Associates study fails to address these
important elements.
Finally, ORS 600-900-0015(5) states, "[c]ities and counties are strongly encouraged to
assess community economic development potential through a visioning or some
other public input based process in conjunction with state agencies." It is
discouraging to see this effort to move forward in changing employment zones that
are intended to maintain the economic health of our city through avoiding the
requirement of updating the Economic Opportunities Analysis that encourages a
visioning process that includes public input. In this case, the city staff has been very
transparent about the fact that these proposed changes were initiated by a private
development firm with obvious special interests. A proposal from KDA Homes cannot
meet the need for "public input based process in conjunction with state agencies".
In conclusion, the State of Oregon has developed a land use regulatory program that
establishes requisite procedures that demand statewide compliance. The City of
Ashland is attempting to circumvent these procedures through failing to update the
Economic Opportunities Analysis prior to making changes to lands zoned for
employment uses. Further, the proposed changes are significant enough to bring into
question whether or not they continue to fulfill the desired use as defined within the
Comprehensive Plan.
Respectfully,
Eric Navickas
27112 N. Main St.
Ashland OR.
Council Business Meeting
January 17, 2023
Award of a Professional Services Contract; Talent -Ashland -Phoenix (TAP)
Agenda Item
Intertie System Improvements
From
Scott Fleury PE
Public Works Director
Contact
Scott.fleuryCa_ashland.or.us
SUMMARY
Before the Council is a request to award of a professional services contract to RH2 Engineering Inc. for the design
of TAP Intertie system improvements defined in the TAP Master Plan. Ashland, Talent and Phoenix were awarded
three million dollars in grant funding via American Rescue Plan Act (ARPA) to fund defined projects within the
TAP Master Plan. Per the grant agreement the ARPA funds must be expended by 2026.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals:
Essential Services
• Drinking Water System
Enhance Value Services:
• Water Conservation
• Address Climate Change
CEAP Goals:
Natural Systems: Air, water, and ecosystem health, including opportunities to reduce emissions and prepare
for climate change through improved resource conservation and ecosystem management.
Department Goals:
• Maintain existing infrastructure to meet regulatory requirements and minimize life -cycle costs
• Deliver timely life cycle capital improvement projects
• Maintain and improve infrastructure that enhances the economic vitality of the community
• Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
The City Council has taken numerous actions over the past three decades in relation to the TAP system with
the most recent being adoption of the TAP System Master Plan as the guiding planning document for TAP
(Staff Report).
The Council also approved the supplemental budget resolution accepting the three million dollars in grant
funding at the January 4, 2022 Council Business Meeting (Staff Report).
BACKGROUND AND ADDITIONAL INFORMATION
The purpose of this project is to develop the engineering plans, specifications and estimates for improvements
to the TAP system as defined in the TAP Master Plan and covered by the ARPA grant. Talent, Ashland and
Phoenix have entered into an Intergovernmental Agreement (IGA) for Ashland to manage the projects and
ARPA funding.
Pagel of 3
C I T Y O F
-ASH LAN D
The project was formally solicited on the OregonBuys on May 13, 2022 and responses were received on June
1, 2022. A single proposal was submitted by RH2 Engineering Inc. for the project. The proposal was graded
by Kevin Caldwell, Senior Engineering Project Manager, Bret Marshall, City of Talent Public Works Director
and Matias Mendez, City of Phoenix Public Works Superintendent.
The results of the scoring are as follows:
CONSULTANT
TOTALSCORE
RANK
RH2 Engineering Inc.
276
1
After scoring was completed, RH2 Engineering Inc. was notified of the City's intent to begin scope and fee
negotiations for the project. Through several formal discussions a final scope and fee was agreed upon in
concept by Talent, Ashland, Phoenix and RH2 Engineering Inc. The scope and fee is part of the professional
services contract, reference attachment # 1.
This contract supports the development of plans, specifications and estimates for the following improvements:
1. Backup power generator — Talent booster pump station
a. Upsized generator for the Talent booster station to provide backup power needs to meet
fire flow and max day demand for Talent and Ashland
2. Backup power generator — Ashland booster pump station
a. New generator to provide backup power to the Ashland station
3. Booster pump upgrades to the regional pump station
a. Upsize existing pumps to meet fire and max day demand needs into the future
4. Booster pump upgrades to the Talent booster pump station
a. Upsize existing pumps to meet fire and max day demand needs for Talent and Ashland
5. Seismic retrofit of the Talent booster pump station
a. Seismic resilience improvements to the facility to protect delivery of potable water to
Talent and Ashland
6. Booster pump station programming improvements (Telemetry)
a. Coordinate SCADA improvements in the TAP system to ensure that booster stations and
reservoirs are property coordinated
Staff expects to issue another RFP document that will cover two other TAP System Improvements outlined in
the ARPA grant at a future date to be determined.
FISCAL IMPACTS
The proposed fee for the engineering and construction administration for the project is $299,684 and is funded
100% from the ARPA grant received. Construction cost estimates will be updated during the design process
and staff will bring forward future construction contracts for award by the City Council. If the grant amount is
exceeded in the construction phase then each community will pay their appropriate share based on the TAP
Master Plan cost allocation basis.
STAFF RECOMMENDATION
Staff recommends approval of the professional services contract with RH2 Engineering Inc. for TAP system
improvements.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
i. I move to approve a Legal Department approved professional services contract with RH2 Engineering
Inc. for TAP system improvements in the amount of $295,172
Page 2 of 3
CITY OF
-ASHLAND
REFERENCES & ATTACHMENTS
Attachment #1: Professional Services Contract with RH2 Engineering
Attachment #2: ARPA Award Letter Notification
Attachment #3: Request for Proposal Solicitation
Page 3 of 3
CITY OF
-ASHLAND
YEKJUINAL JEKVIULJ AUKEEMENY (greater than 535,uu
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541 /488-55 87
Fax: 541/488-6006
CONSULTANT: RH2 ENGINEERING, INC.
CONSULTANT'S CONTACT: Jeff Ballard
ADDRESS: 3553 Arrowhead Dr, STE 200
Medford, OR 97504
EMAIL: iballard(@rh2.com
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the City of
Ashland, an Oregon municipal corporation (hereinafter "City") and RH2 Engineering, Inc., a foreign business
corporation ("hereinafter "Consultant"), for development of TAP Water System Improvements.
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution on
behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically
provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as
complete and Consultant's acceptance of the City's final payment therefore, but not later than June 30,
2024.
2. Scope of Work: Consultant will provide development of TAP Water System Improvements as more fully
set forth in the Consultant's Scope of Work dated September 2022, which is attached hereto as "Exhibit
A" and incorporated herein by this reference. Consultant's services are collectively referred to herein as
the "Work."
3. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting
documents shall be construed to be mutually complimentary and supplementary wherever possible. In
the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control
over any conflicting provisions in any of the exhibits or supporting documents.
4. All Costs Borne By Consultant: Consultant shall, perform the Work described above and, unless
otherwise specified in this Agreement, furnish all labor, equipment, and materials required for the proper
performance of such Work.
5. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that
all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform
the service to which they will be assigned in a skilled and worker -like manner and, if required to be
registered, licensed or bonded by the State of Oregon, are so registered, licensed and bonded.
6. Compensation: City shall pay Consultant at the hourly rates and for the amounts actually incurred for
Page 1 of 7: Personal Serivices Agreement between the City of Ashland and RH2 Engineering, Inc.
any subcontracting activities as set forth in Consultant's fee schedule entitled "RH2 Engineering, Inc.
2020 Schedule of Rates and Charges" which is attached hereto as "Exhibit `B" and incorporated herein
by this reference, as full compensation for Consultant's performance of all Work under this Agreement.
In no event shall Consultant's total of all compensation and reimbursement under this Agreement exceed
the sum of $295,172.00 (two hundred ninety-five thousand and one hundred seventy-two U. S.
dollars) without the express, written approval from the City official whose signature appears below, or
such official's successor in office. Payments shall be made within 30 days of the date of receipt by the
City of Consultant's invoice. Should this Agreement be terminated prior to completion of all Work,
payments will be made for any phase of the Work completed and accepted as of the date of termination.
7. Ownership of Work/Documents: All Work product or documents produced in furtherance of this
Agreement belong to the City, and any copyright, patent, trademark proprietary or any other protected
intellectual property right shall vest in and is hereby assigned to the City. All reuse not occurring as part
of this Work shall be without liability to the Consultant.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by
reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235.
9. Living Wage Requirements: If the amount of this Agreement is $21,507.75 or more, Consultant is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as
defined in that chapter, to all employees performing Work under this Agreement and to any
Subcontractor who performs 50% or more of the Work under this Agreement. Consultant is also
required to post the notice attached hereto as "Exhibit D" predominantly in areas where it will be seen
by all employees.
10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers,
employees, and agents harmless from any and all losses, claims, actions, costs, expenses, judgments,
subrogations, or other damages resulting from injury to any person (including injury resulting in death),
or damage (including loss or destruction) to property, of whatsoever nature to the extent caused by or
arising out of the intentional or negligent acts, errors, or omission in the performance of this Agreement
by Consultant (including but not limited to, Consultant's employees, agents, and others designated by
Consultant to perform Work or services attendant to this Agreement). However, Consultant shall not be
held responsible for any losses, expenses, claims, subrogations, actions, costs, judgments, or other
damages, caused solely by the negligence of City.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both
parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not less than
30 days' prior written notice delivered by certified mail or in person.
C. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon
delivery of written notice to Consultant, or at such later date as may be established by City under
any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services;
Page 2 of 7: Personal Serivices Agreement between the City of Ashland and RH2 Engineering, Inc.
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement or are no longer eligible for the funding proposed for payments authorized by this
Agreement; oriii. If any license or certificate required by law or regulation to be held by
Consultant to provide the services required by this Agreement is for any reason denied,
revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination the party seeking termination shall give to
the other party written notice of the breach and its intent to terminate. If the party
committing the breach has not entirely cured the breach within fifteen (15) days of the date of
the notice, or within such other period as the party giving the notice may authorize in writing,
then the Agreement may be terminated at any time thereafter by a written notice of
termination by the party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty
under this Agreement. City by written notice to Consultant of default or breach may at any
time terminate the whole or any part of this Agreement if Consultant fails to provide services
called for by this Agreement within the time specified herein or within any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to
subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either
party already accrued prior to such termination or modification. However, upon receiving a
notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d
of this section, Consultant shall immediately cease all activities under this Agreement, unless
expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all Agreement documents, information, works -in -progress and
other property that are or would be deliverables had the Agreement been completed. City shall
pay Consultant for Work performed prior to the termination date if such Work was performed in
accordance with this Agreement.
12. Independent Contractor Status: Consultant is an independent contractor and not an employee of the
City for any purpose. Consultant shall have the complete responsibility for the performance of this
Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656
for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer
that will comply with ORS 656.017.
13. Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work
without the written consent of City. Any attempted assignment or subcontract without written consent
of City shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or
subcontractors and of all persons employed by them, and the approval by City of any assignment or
Page 3 of 7: Personal Serivices Agreement between the City of Ashland and RH2 Engineering, Inc.
subcontract of the Work shall not create any contractual relation between the assignee or subcontractor
and City.
14. Default. The Consultant shall be in default of this Agreement if Consultant: commits any material
breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes
an action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified
in its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this
Agreement.
15. Insurance. Consultant shall, at its own expense, maintain the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per claim. This is to cover any damages caused by error, omission
or negligent acts related to the professional services to be provided under this Agreement. "Tail"
coverage will be required at the completion of the Work under this Agreement for the remaining
Term, and for not less than twenty-four (24) months after completion of all Work. Consultant shall
be responsible for furnishing certification of the "tail" coverage as described herein or continuous
"claims made" liability coverage for not less than twenty-four (24) months following completion of
all Work, provided that the continuous "claims made" coverage has a retroactive date on or before
the Effective Date of this Agreement.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence for Bodily Injury, Death, and Property Damage.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including
coverage for owned, hired or non -owned vehicles, as applicable.
e. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits
or intent not to renew the insurance coverage(s) without 30 days' prior written notice from the
Consultant or its insurer(s) to the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon,
and its elected officials, officers and employees as Additional Insureds on any insurance policies,
excluding Professional Liability and Workers' Compensation, required herein, but only with
respect to Consultant's services to be provided under this Agreement. The consultant's insurance is
primary and non-contributory. As evidence of the insurance coverages required by this Agreement,
the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under
this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of
insurance policies; trust agreements, etc. shall be provided to the City. The Consultant shall be
financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance.
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion,
creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical
Page 4 of 7: Personal Serivices Agreement between the City of Ashland and RH2 Engineering, Inc.
disability, sexual orientation, gender identity or source of income, suffer discrimination in the
performance of any Work under this Agreement when employed by Consultant. Consultant agrees to
comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations. Further, Consultant agrees not to discriminate against a disadvantaged business
enterprise, minority -owned business, woman -owned business, a business that a service -disabled veteran
owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as
required by ORS 279A.I 10.
17. Consultant's Compliance With Tax Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant,shall, throughout the term of this Agreement, including any extensions hereof,
comply with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax.provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date
of this Agreement, has faithfully complied with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
18. Governing Law; Jurisdiction; Venue: This Agreement shall be governed and construed in accordance
with the laws of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or
doctrines. Any claim, action, suit or proceeding (collectively, "the claim") between the City and the
Consultant that arises from or relates to this Agreement shall be brought and conducted solely and
exclusively within the Circuit Court of Jackson County for the State of Oregon.. If, however, the claim
must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within
the United States District Court for the District of Oregon filed in Jackson County, Oregon. Consultant,
by its signature hereon of its authorized representative, hereby consents to the in personam jurisdiction
of said courts.
19. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER
PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC
INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
Page 5 of 7: Personal Serivices Agreement between the City of Ashland and RH2 Engineering, Inc.
REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS
AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
20. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement.
21. Nonappropriations Clause. Funds Available and Authorized: The City has sufficient funds currently
available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal
year budget. Consultant understands and agrees that City's payment of amounts under this Agreement
attributable to Work performed after the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
administrative discretion, to continue to make payments under this Agreement. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this
Agreement without penalty or liability to City, effective upon the delivery of written notice to
Consultant, with no further liability to Consultant.
22. Certification. Consultant shall sign the certification attached hereto as "Exhibit C" and incorporated
herein by this reference.
CITY OF ASHLAND: RH2 ENGINEERING, INC. (CONSULTANT):
By: By:
City Manager Signature
Printed Name Printed Name
Date Title
Date
Purchase Order No. (M�-9 is to be submitted with this signed Agreement)
Page 6 of 7: Personal Serivices Agreement between the City of Ashland and RH2 Engineering, Inc.
APPROVED AS TO FORM:
City Attorney
Date
Page 7 of 7: Personal Serivices Agreement between the City of Ashland and RH2 Engineering, Inc.
EXHIBIT C
CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, under
penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is waiting
for the number to be issued to it and (b) Consultant is not subject to backup withholding because: (i) it is exempt from
backup withholding, or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to backup
withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no longer
subject to backup withholding. Consultant further represents and warrants to City that: (a) it has the power and authority
to enter into and perform the Work, (b) the Agreement, when executed and delivered, shall be a valid and binding
obligation of Consultant enforceable in accordance with its terms, (c) the work under the Agreement shall be performed in
accordance with the highest local standards, and (d) Consultant is qualified, professionally competent, and duly licensed
(if applicable) to perform the Work. Consultant also certifies under penalty of perjury that its business is not in violation
of any Oregon tax laws, it is an independent contractor as defined in the Agreement, it is authorized to do business in the
State of Oregon, and Consultant has checked four or more of the following criteria that apply to its business.
(1) Consultant carries out the work or services at a location separate from a private residence or is in a
specific portion of a private residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one year.
(6) Consultant assumes financial responsibility for defective workmanship or for service not provided as
evidenced by the ownership of performance bonds, warranties, errors and omission (professional liability)
insurance or liability insurance relating to the Work or services to be provided.
Consultant Date
EXHIBIT D
City of Ashland
LIVING
WAGE
per hour, effective June 30, 2022.
�r, The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
➢ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $24,050.68 or more.
➢ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
portion of business of their
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of
$24,050.68.
➢ If their employer is the City of
Ashland, including the Parks
and Recreation Department.
➢ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
➢ Note: For temporary and
part-time employees, the
Living Wage does not apply
to the first 1040 hours worked
in any calendar year. For
more details, please see
Ashland Municipal Code
Section 3.12.020.
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, OR 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employee
CITY OF
AS H LA N D
EXHIBIT A
Scope of Work
City of Ashland
Development of TAP Water System Improvements
City of Ashland Project No. 2021-13
September 2022
Background
The Talent -Ashland -Phoenix (TAP) water system was initially developed in the early 2000s and
delivers potable water from the Medford Water Commission to the Cities of Talent, Ashland, and
Phoenix (Cities). The TAP system includes several miles of large diameter transmission lines, three
booster pump stations (BPS), and associated reservoirs. The TAP water system is the only water
source for the City of Talent (Talent) and the City of Phoenix (Phoenix) and is a supplemental water
source for the City of Ashland (Ashland). All three Cities collaborate to manage and maintain the TAP
system for the benefit of the partner Cities.
In 2020, the TAP Water System Master Plan (WMP) was completed. This WMP includes a summary
of current management, operations, and maintenance and identifies specific capital improvement
projects for the system. The water system improvements identified in this Scope of Work are derived
from the WMP, except for the new standby generator at the Ashland Booster Pump Station (BPS).
The identified improvements are part of the individual water systems of the Cities of Talent, Ashland,
and Phoenix. However, Ashland is administering the contract for the work in coordination with the
other Cities.
RH2 Engineering, Inc., (RH2) was selected through a Request for Proposal solicitation issued by
Ashland in May 2022 to provide professional engineering services for the design and construction
period services for the following improvements:
• Replace an existing 50 horsepower (hp) pump with a 125 hp pump, including necessary
station modifications at the Regional BPS.
• Install a new 50 hp pump and necessary improvements at the Talent BPS.
• Replace the existing standby generator at the Talent BPS with a new larger generator,
including equipment modifications to facilitate the upgrade.
• Install a new standby generator as the Ashland BPS, including necessary equipment
modifications to facilitate the installation.
• Evaluate system telemetry components and recommend/implement the improvements.
This Scope of Work details the tasks that will be performed by RH2. Unless otherwise indicated in a
specific task, RH2 will rely on the accuracy and completeness of any data, materials, or information
generated or provided by the Cities or others in relation to this Scope of Work. RH2 assumes that the
entity providing such information to RH2 is either the owner of such information or has obtained
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IMPROVEMENTS\CONTRACT\PSA_SOW-DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland
Development of TAP Water System Improvements
Exhibit A
Scope of Work
written authorization from the owner to distribute said information. It is assumed that reviews and
comments required of the Cities will be provided in a timely manner.
Task 1— Project Management/Administration Services
Objective: Manage the project scope, budget, and schedule, and coordinate with Cities staff.
Approach:
1.1 Manage the RH2 Project Team — Manage the RH2 project team to track work elements
accomplished, work items planned for the next phase, man hours, scope changes, time, and
budget needed to complete the work. Submit a monthly invoice summarizing costs and
remaining budget.
1.2 Coordinate with City — Provide correspondence and coordination with the City of Ashland
project manager and staff. Correspondence will include RH2 and City project manager
check -in calls.
RH2 Deliverables:
• Monthly invoices in electronic format (PDF).
Task 2 — Kick -Off Meeting and Data Review
Objective: Review the project information and data, and work with Cities staff to prepare the design
criteria for the improvements at each facility. Attend a kick-off meeting with City representatives.
Approach:
2.1 Perform Data Review — Review provided construction/as-built drawings and records of the
facilities to determine if other information is needed and/or available for the project.
2.2 Attend Kick -Off Meeting — Prepare for and attend one (1) kick-off meeting with the Cities to
determine design criteria. Visit the sites to confirm planned improvements and collect
additional field data.
Assumptions:
• RH2 will perform an evaluation of information provided by the Cities and others, as needed,
to develop the design criteria. Unknowns, assumptions, and other issues that may impact the
accuracy of the design will be identified and provided to the Cities for review and discussion.
If additional effort is required to further investigate these issues, a modification to this Scope
of Work may be mutually negotiated between RH2 and the Cities.
• This Task will include site visits to three (3) facilities, RBPS, TBPS and ABPS. Information
gathered from these visits will be used for the remaining tasks in this Scope of Work.
Provided by Ashland:
• Available construction/as-built documents for the pump stations for use by RH2.
• Construction submittals submitted to the owner during construction or an Operations and
Maintenance manual containing relevant documentation.
2
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IMPROVEMENTS\CONTRACT\PSA-SOW-DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland Exhibit A
Development of TAP Water System Improvements Scope of Work
Identification of current flow parameters and long-term planned design flow parameters for
each facility to aid in equipment selection.
RH2 Deliverables:
• Design criteria in electronic format (PDF).
• Attendance at kick-off meeting and site visits.
Task 3 — Regional Booster Pump Station Improvements
Objective: Design and manage the replacement of the existing pump #120 (50 hp) with a new 125 hp
pump that matches the other two (2) existing 125 hp pumps. The facility was designed to have this
upgrade completed when additional capacity became necessary. Select a new 125 hp to match the
existing pumps #130 and #140 at the facility. Prepare electrical and control modifications at the
facility to handle the operation of the new pump installation.
Approach:
3.1 Select Pump — Review flow data provided by the Cities and select a pump that matches the flow
capabilities of the other two (2) existing pumps at the station.
3.2 Design Electrical and Control — Design the modifications necessary to install and operate the
new pump. Design is assumed to include conductors, variable frequency drive, and motor
control center modifications. Prepare 60-percent, 90-percent, and bid -ready design submittals
for Cities review. Prepare Engineer's opinion of probable construction cost (OPCC). Control
design will modify the operation of the new pump to be consistent with the desired operation of
the Cities.
3.3 Evaluate Generator — Confirm the capacity of the existing generator and back-up power
equipment to identify any necessary upgrades to keep the facility fully operational under
back-up power. (If modifications are necessary, it will be completed under a separate negotiated
task.)
3.4 Prepare Pump and Electrical Enclosure Pre -Purchase Documentation — Prepare pre -purchase
documents, including specifications and drawings, for mechanical and electrical equipment for
bidding.
3.5 Prepare Specifications — Prepare front-end and technical specifications for use during bidding
the construction of the improvements. Prepare 60-percent, 90-percent, and bid -ready
submittals for Cities review. Front-end specifications will be based on City of Ashland template
to be provided. Technical specifications will be in RH2's modified Construction Specifications
Institute (CSI) format.
3.6 Provide Services During Construction — Provide engineering services during the construction
phase to facilitate project completion.
a) Prepare Construction Package — Prepare conformed for construction plan sets and
specifications and produce PDF version of documents to be provided to the City and the
contractor.
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IMPROVEMENTS\CONTRACT\PSA_SOW_DEVELOPM ENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland
Development of TAP Water System Improvements
Exhibit A
Scope of Work
b) Correspond with City and Contractor — Maintain ongoing communications with City staff
and the contractor as necessary to facilitate project construction. This subtask is assumed
to span the duration of Services During Construction.
c) Attend Pre -Construction Meeting — Coordinate and attend one (1) pre -construction
meeting with City staff and the contractor, respond to questions, and prepare meeting
agenda and minutes.
d) Review Construction Documents — Review and prepare responses as appropriate for
submittals (includes shop drawings, catalog submittals, and other data), pay requests,
requests for information (RFIs), and change order requests.
e) Provide On -Site Construction Observation — Provide on -site construction observation to
review whether those elements of construction that are observed by RH2 conform to the
project plans and specifications. Observation services will be provided on an as -needed
basis as requested by the City. Up to thirty-four (34) hours has been budgeted for this
subtask. Prepare observation reports following on -site observations.
f) Attend Testing and Startup — Provide technical expertise during testing and startup.
Conduct pumping simulation to confirm pump performance. Perform an electrical and
controls check.
g) Prepare Operations and Maintenance Manual — Prepare Operations and Maintenance
(0&M) Manual. This manual will build upon and include existing 0&M manual materials.
Assumptions:
• Phoenix will administer and manage all aspects of project construction and provide on -site
inspection, and RH2 will support this effort only as explicitly stated herein. It is assumed that
Phoenix will work directly with the contractor regarding contracting, work progress and
schedule, claims, protests, and all other aspects to manage construction of this project. It also
is assumed that Phoenix will provide the award letter, notice to proceed, substantial
completion letter, physical completion letter, punch list, and all other documentation
necessary for project administration and completion.
• The number of hours estimated to perform Services During Construction is based on similar
projects with similar complexity and depend in part on the contractor awarded the project.
The number of hours spent may vary depending on the completeness, responsiveness, and
clarity of each document provided by the contractor, field conditions encountered, and other
factors. These services shall be performed up to the level included in the attached Fee
Estimate.
• RH2 is not responsible for site safety or for directing the contractor in their work.
• O&M Manual will rely on information within existing 0&M manuals provided by the City.
Information within the new O&M Manual will build upon, refer to, and/or modify the existing
O&M manual materials.
4
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IMPROVEMENTS\CONTRACT\PSA_SOW_DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland
Development of TAP Water System Improvements
Provided by Cities:
• Project administration and management.
• Attendance at the pre -construction meeting.
Exhibit A
Scope of Work
• Construction contract execution, construction inspection, letters, and all other
documentation needed for project administration and closeout.
RH2 Deliverables:
• Pre -purchase drawings and specifications for mechanical and electrical equipment in
electronic format (PDF).
• Design plans and specifications at 60-percent, 90-percent, and bid -ready in electronic format
(PDF).
• OPCC electronic format (PDF).
• Conformed for construction plan sets and specifications in electronic format (PDF).
• Correspondence with City staff and the contractor as required.
• Attendance at the pre -construction meeting and meeting agenda and minutes in electronic
format (PDF).
• Submittal review responses, recommendations for payment, RFI responses, and change
orders up to the limit described herein in electronic format (PDF).
• Observation reports following on -site observation emailed in electronic format (PDF).
• Attendance at startup and testing.
• 0&M Manual in electronic format (PDF).
Task 4 — Talent Booster Pump Station Improvements
Objective: Design and observe the installation of a new pump and necessary mechanical and
electrical equipment to supply 500 gallons per minute of additional flow from the Talent BPS. Size
and design the improvements to replace the existing generator with an adequately sized generator
to operate the demand at the facility. Prepare electrical and control modifications at the facility to
handle the operation of the new pump installation.
Approach:
4.1 Select Pump —Review flow requirement recommendations provided by Talent's Water Master
Plan and select a pump that matches the flow requirements recommended in the planning
documentation.
4.2 Perform Generator Sizing and Calculations — Perform generator load and sizing calculations
based on the existing electrical load (including the pumps identified in the Background section)
at the facility to determine the generator size. Prepare generator sizing calculations using
manufacturer sizing software. Coordinate with generator manufacturers that will be specified
5
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IMPROVEMENTS\CONTRACT\PSA_SOW_ DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland Exhibit A
Development of TAP Water System Improvements Scope of Work
for this project to determine the physical size of the generator and automatic transfer switches
and obtain equipment pricing information. Provide specifications for the new generator to
allow the City to pre -purchase the generator with the goal of keeping the project on the
preferred schedule.
4.3 Prepare Electrical Design Plans — Develop electrical plans for the power distribution system
improvements and installation of the new standby generator to include a one -line diagram
showing the equipment layout, a power distribution and signal plan showing conduit routing
and equipment locations, power distribution switchboard equipment installation details,
generator installation details, electrical schedules, and electrical details. Prepare electrical site
plans identifying the location of the new generator, site conduit routing, and site improvements
that are required for the installation of the generator. Prepare generator and fuel tank
installation details. Complete interfacing of the generator and automatic transfer switch alarm
and status signals with the existing telemetry system. Integration work will be completed
through Control Systems NW, LLC (CSNW), a subsidiary of RH2. CSNW will prepare telemetry
block diagrams showing the required modifications to the existing telemetry panel. The block
diagrams will be provided to RH2 and included in the appendices of the bid documents.
4.4 Prepare OPCC — Prepare an OPCC for City review purposes at the 60-percent, 90-percent, and
bid -ready reviews.
4.5 Prepare Plans and Specifications — Prepare technical specifications using RH2's modified CSI
format. Update the City's standard specifications and general conditions as warranted for this
project. Provide the City with mechanical, electrical, and structural plans at the 60-percent,
90-percent, and bid -ready design levels, and specifications at the 90-percent and bid -ready
design levels for City review. Meet up to two (2) times with City staff at the 60- and 90-percent
design levels to discuss and review the plans and specifications. Edit plans at the 60-percent
review level, and edit plans and specifications at the 90-percent review level based on City
review comments. Advance plans and specifications to the bid -ready design level.
4.6 Provide Services During Construction — Provide engineering services during the construction
phase to facilitate project completion.
a) Prepare Construction Package — Prepare conformed for construction plan sets and
specifications and produce PDF version of documents to be provided to the City and the
contractor.
b) Correspond with City and Contractor — Maintain ongoing communications with City staff
and the contractor as necessary to facilitate project construction. This subtask is assumed
to span the duration of Services During Construction.
c) Attend Pre -Construction Meeting —Coordinate and attend pre -construction meeting with
City staff and the contractor, respond to questions, and prepare meeting agenda and
minutes.
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IMPROVEMENTS\CONTRACT\PSA_SOW_DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland
Development of TAP Water System Improvements
Exhibit A
Scope of Work
d) Review Construction Documents — Review and prepare responses as appropriate for
submittals (includes shop drawings, catalog submittals, and other data), pay requests,
RFIs, and change order requests.
e) Provide On -Site Construction Observation — Provide on -site construction observation to
review whether those elements of construction that are observed by RH2 conform to the
project plans and specifications. Observation services will be provided on an as -needed
basis as requested by the City. Up to Forty-two (42) hours has been budged for this
subtosk. Prepare observation reports following on -site observations.
f) Attend Testing and Startup — Provide technical expertise during testing and startup.
Conduct pumping simulation to confirm pump performance. Perform an electrical and
controls check.
g) Prepare 0&M Manual — Prepare O&M Manual. This manual will build upon and include
existing O&M manual materials.
Assumptions:
• The number of hours estimated to perform Services During Construction is based on similar
projects with similar complexity and depend in part on the contractor awarded the project.
The number of hours spent may vary depending on the completeness, responsiveness, and
clarity of each document provided by the contractor, field conditions encountered, and other
factors. These services shall be performed up to the level included in the attached Fee
Estimate.
• The City of Talent will administer and manage all aspects of project construction and provide
on -site inspection, and RH2 will support this effort only as explicitly stated herein. It is assumed
that the City will work directly with the contractor regarding contracting, work progress and
schedule, claims, protests, and all other aspects to manage construction of this project. It also
is assumed that the City will provide the award letter, notice to proceed, substantial
completion letter, physical completion letter, punch list, and all other documentation
necessary for project administration and completion.
• RH2 is not responsible for site safety or for directing the contractor in their work.
• O&M Manual will rely on information within existing O&M manuals provided by the City.
Information within the new O&M Manual will build upon, refer to, and/or modify the existing
O&M manual materials.
Provided by City:
• Project administration and management.
• Attendance at the pre -construction meeting.
• Construction contract execution, construction inspection, letters, and all other
documentation needed for project administration and closeout.
7
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I M PROVEM ENTS\CONTRACT\PSA-SOW-DEVELOPM ENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTSMOCX
City of Ashland Exhibit A
Development of TAP Water System Improvements Scope of Work
RH2 Deliverables:
• Pre -purchase drawings, calculations, and specifications for generator in electronic format
(PDF).
• Design plans at 60-percent, 90-percent, and bid -ready design in electronic format (PDF).
• Specifications at 90-percent and bid -ready design in electronic format (PDF).
• OPCC at 60-percent, 90-percent, and bid -ready design in electronic format (PDF).
• Conformed for construction plan sets and specifications in electronic format (PDF).
• Correspondence with City staff and the contractor as required.
• Attendance at the pre -construction meeting and meeting agenda and minutes in electronic
format (PDF).
• Submittal review responses, recommendations for payment, RFI responses, and change
orders in electronic format (PDF).
• Observation reports following on -site observation emailed in electronic format (PDF).
• Attendance at station startup and testing.
• O&M Manual in electronic format (PDF).
Task 5 — Ashland Booster Pump Station Improvements
Objective: Design and manage the installation of a new generator and electrical equipment to supply
back-up power to the Ashland BPS. Size and design an adequately sized generator to operate the
demand at the pump station. Prepare electrical and control modifications at the facility to handle
the operation of the new generator installation.
Approach:
5.1 Perform Generator Sizing and Calculations — Perform generator load and sizing calculations
based on the existing electrical load along with the load of one (1) future pump at the facility
that matches the existing pumps to determine the generator size. Prepare generator sizing
calculations using manufacturer sizing software. Coordinate with generator manufacturers that
will be specified for this project to determine the physical size of the generator and automatic
transfer switches and obtain equipment pricing information. Provide specifications for the new
generator to allow Ashland to pre -purchase the generator with the goal of keeping the project
on the preferred schedule.
5.2 Prepare Electrical Design Plans — Develop electrical plans for the power distribution system
improvements and installation of a new standby generator to include a one -line diagram
showing the equipment layout, a power distribution and signal plan showing conduit routing
and equipment locations, power distribution switchboard equipment installation details,
generator installation details, electrical schedules, and electrical details. Prepare electrical site
plans identifying the location of the new generator, site conduit routing, and site improvements
8
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IMPROVEMENTS\CONTRACT\PSA_SOW_DEVELOPM ENT OF TALENT, ASH LAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland
Development of TAP Water System Improvements
Exhibit A
Scope of Work
that are required for the installation of the generator. Prepare generator and fuel tank
installation details. Complete interfacing of the generator and automatic transfer switch alarm
and status signals with the existing telemetry system. Integration work will be completed
through CSNW, a subsidiary of RH2. CSNW will prepare telemetry block diagrams showing the
required modifications to the existing telemetry panel. The block diagrams will be provided to
RH2 and included in the appendices of the bid documents.
5.3 Prepare OPCC — Prepare an OPCC for Ashland review purposes at the 60-percent, 90-percent,
and bid -ready reviews.
5.4 Prepare Plans and Specifications — Prepare technical specifications using RH2's modified CSI
format. Update Ashland's standard specifications and general conditions as warranted for this
project. Provide Ashland with civil, electrical, and structural plans at the 60-percent, 90-percent,
and bid -ready design levels, and specifications at the 90-percent and bid -ready design levels for
Ashland review. Meet up to two (2) times with Ashland staff at the 60- and 90-percent design
levels to discuss and review the plans and specifications. Edit plans at the 60-percent review
level and edit plans and specifications at the 90-percent review level based on Ashland review
comments. Advance plans and specifications to the bid -ready design level.
5.5 Provide Services During Construction — Provide engineering services during the construction
phase to facilitate project completion.
a) Prepare Construction Package — Prepare conformed for construction plan sets and
specifications and produce PDF version of documents to be provided to Ashland and the
contractor.
b) Correspond with Ashland and Contractor — Maintain ongoing communications with
Ashland staff and the contractor as necessary to facilitate project construction. This
subtask is assumed to span the duration of Services During Construction.
c) Attend Pre -Construction Meeting — Coordinate and attend pre -construction meeting with
Ashland staff and the contractor, respond to questions, and prepare meeting agenda and
minutes.
d) Review Construction Documents — Review and prepare responses as appropriate for
submittals (includes shop drawings, catalog submittals, and other data), pay requests,
RFls, and change order requests.
e) Provide On -Site Construction Observation — Provide on -site construction observation to
review whether those elements of construction that are observed by RH2 conform to the
project plans and specifications. Observation services will be provided on an as -needed
basis as requested by Ashland. Up to thirty-eight (38) hours has been budged for this
subtask. Prepare observation reports following on -site observations.
f) Attend Testing and Startup — Provide technical expertise during testing and startup.
Attend pumping simulation to confirm pump performance. Perform an electrical and
controls check.
9
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IMPROVEMENTS\CONTRACT\PSA-SOW-DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland
Development of TAP Water System Improvements
Exhibit A
Scope of Work
g) Prepare 0&M Manual — Prepare 0&M Manual. This manual will build upon and include
existing 0&M manual materials.
Assumptions:
• RH2 will use existing documentation and electronic files from the pump station facility
constructed in 2017. No surveying is planned to be required.
• Ashland will administer and manage all aspects of project construction and provide on -site
inspection, and RH2 will support this effort only as explicitly stated herein. It is assumed that
Ashland will work directly with the contractor regarding contracting, work progress and
schedule, claims and protests, and all other aspects to manage construction of this project. It
also is assumed that Ashland will provide the award letter, notice to proceed, substantial
completion letter, physical completion letter, punch list, and all other documentation
necessary for project administration and completion.
• The number of hours estimated to perform Services During Construction is based on similar
projects with similar complexity and depend in part on the contractor awarded the project.
The number of hours spent may vary depending on the completeness, responsiveness, and
clarity of each document provided by the contractor, field conditions encountered, and other
factors. These services shall be performed up to the level included in the attached Fee
Estimate.
• RH2 is not responsible for site safety or for directing the contractor in their work.
• O&M Manual will rely on information within existing O&M manuals provided by the City.
Information within new O&M Manual will build upon, refer to, and/or modify the existing
O&M manual materials.
Provided by Ashland:
• Project administration and management.
• Attendance at the pre -construction meeting.
• Construction contract execution, construction inspection, letters, and all other
documentation needed for project administration and closeout.
RH2 Deliverables:
• Pre -purchase drawings, calculations, and specifications for generator in electronic format
(PDF).
• Design plans at 60-percent, 90-percent, and bid -ready design in electronic format (PDF).
• Specifications at 90-percent and bid -ready design in electronic format (PDF).
• OPCC at 60-percent, 90-percent, and bid -ready design in electronic format (PDF).
• Conformed for construction plan sets and specifications in electronic format (PDF).
• Correspondence with Ashland staff and the contractor as required.
10
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IMPROVEMENTS\CONTRACT\PSA_SOW-DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
City of Ashland Exhibit A
Development of TAP Water System Improvements Scope of Work
• Attendance at the pre -construction meeting and meeting agenda and minutes in electronic
format (PDF).
• Submittal review responses, recommendations for payment, RFI responses, and change
orders in electronic format (PDF).
• Observation reports following on -site observation emailed in electronic format (PDF).
• Attendance at station startup and testing.
• 0&M Manual in electronic format (PDF).
Task 6 — Control System Improvements
Objective: Attend a workshop with the Cities to analyze and define Cities system performance
criteria and propose programming modifications to key facilities. Analyze inter -City and inter -facility
communication and data flows to allow an improved data exchange between the Cities.
Approach:
6.1 Conduct Performance Criteria Workshop — Meet with Cities staff to discuss and define Cities
system performance criteria, including desired facility data flow and key facility programming.
6.2 Draft 90-Percent Preliminary Engineering Report — Compile, review, and draft a preliminary
engineering report and deliver to Cities staff for review and comment.
6.3 Meet with Cities Staff— Meet with Cities staff to discuss comments and recommendations on
preliminary engineering report.
6.4 Perform Quality Control on 90-Percent Report — Perform internal quality assurance/quality
control review on 90-percent preliminary engineering report and provide input on
recommendations.
6.5 Prepare Final Preliminary Engineering Report — Prepare final engineering report, including OPCC
for Cities.
6.6 Implement Recommended Modifications and Upgrades — Perform integration work outlined in
the final engineering report. Integration work will be completed through a separate task
authorization once defined.
Assumptions:
• Alternate control strategies will be discussed with the goal to maximize system efficiency.
Cities staff will agree on a best method of control to be implemented moving forward.
• Inter -City data exchange will be read-only.
• Adjacent integration projects outside the scope of this project may be required to be
completed simultaneously. This Scope of Work excludes effort required to coordinate or
combine this effort with adjacent projects.
• Financial implementation to be discussed within the Cities.
11
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IMPROVEMENTS\CONTRACT\PSA-SOW-DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVE MENTS.DOCX
City of Ashland
Development of TAP Water System Improvements
Provided by Cities:
• Active participation in the performance criteria workshop.
Exhibit A
Scope of Work
• Timely review of 90-percent preliminary engineering report and provide one (1) redlined
hardcopy.
• Attendance at meeting with RH2 to discuss comments on 90-percent report.
111-12 Deliverables:
• Attendance at one (1) performance criteria workshop with Cities staff and meeting notes in
electronic format (PDF).
• 90-percent preliminary engineering report in electronic format (PDF).
• Attendance at one (1) meeting with Cities and meeting notes in electronic format (PDF).
• Final preliminary engineering report in electronic format (PDF).
Project Schedule
The schedule for this project will be determined after execution of the contract. RH2 is aware of the
funding time constraints and will work within these requirements. Project completion will occur by
2027 or sooner. The order in which the separate projects will be completed will be at the discretion
of the Cities.
12
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IMPROVEMENTS\CONTRACF\PSA-SOW-DEVELOPMENT OF TALENT, ASHLAND AND PHOENIX (TAP) WATER SYSTEM IMPROVEMENTS.DOCX
EXHIBIT A
Fee Estimate
City of Ashland
Development of TAP Water System Improvements
Nov-22
Description
Total
Hours
Total Labor
Total Subconsultant
Total Expense
Total Cost
Task 1
Project Management/Administration Services
50
$ 11,646
$
$ 291
$ 11,937
Task 2
Kick -Off Meeting and Data Review
46
$ 10,634
$ -
$ 486
$ 12,120
Task 3
Regional Booster Pump Station Improvements
334
$ 62,474
$ -
$ 9,311
$ 71,785
Task 4
Talent Booster Pump Station Improvements
456
$ 88,466
$ -
$ 11,996
$ 100,462
Task S
Ashland Booster Pump Station Improvements
328
$ 62,600
$ -
$ 9,534
$ 72,134
Task 6
Control System Improvements
130
$ 27,058
$ -
$ 676
$ 27,734
PROJECT TOTAL
1344
$ 262,878
$
$ 32,294
$ 295,172
\1corp.rh2.-.W%WewB.i.eseProposahCOAX20220501 COA M22OD56_TAP Water Sys[em Improwmerrts\CortractWEE_TAP Water System ImR—m— Edits 11212n22 4.46 PM
EXHIBIT A
RH2 ENGINEERING, INC.
2022 SCHEDULE OF RATES AND CHARGES
RATE LIST
RATE
UNIT
Professional 1
$159
$/hr
Professional 11
$173
$/hr
Professional III
$189
$/hr
Professional IV
$206
$/hr
Professional V
$218
$/hr
Professional VI
$236
$/hr
Professional VII
$251
$/hr
Professional VIII
$262
$/hr
Professional IX
$262
$/hr
Control Specialist 1
$144
$/hr
Control Specialist II
$155
$/hr
Control Specialist 111
$171
$/hr
Control Specialist IV
$187
$/hr
Control Specialist V
$198
$/hr
Control Specialist VI
$213
$/hr
Control Specialist VII
$227
$/hr
Control Specialist Vlll
$238
$/hr
Technician 1
$119
$/hr
Technician II
$131
$/hr
Technician III
$150
$/hr
Technician IV
$161
$/hr
Technician V
$175
$/hr
Technician VI
$191
$/hr
Technician VII
$208
$/hr
Technician VIII
$217
$/hr
Administrative 1
$79
$/hr
Administrative 11
$93
$/hr
Administrative III
$109
$/hr
Administrative IV
$131
$/hr
Administrative V
$153
$/hr
CAD/GIS System
$27.50
$/hr
CAD Plots - Half Size
$2.50
price er plot
CAD Plots - Full Size
$10.00
price per plot
CAD Plots - Large
$25.00
price per plot
Copies (bw) 8.5" X 11"
$0.09
price per copy
Copies (bw) 8.5" X 14"
$0.14
price per copy
Copies (bw) 11" X 17"
$0.20
price per copy
Copies (color) 8.5" X 11"
$0.90
price per cop
Copies (color) 8.5" X 14"
$1.20
price per copy
Copies (color) 11" X 17"
$2.00
price per copy
Technology Charge
2.50%
% of Direct Labor
Mileage
$0.6250
price per mile
(or Current IRS Rate)
Subconsultants
15%
Cost +
Outside Services
at cost
Rates listed are adjusted annually.
ARPA/SLFRF Required Contract Clauses
Purpose: The purpose of this reference is to assist ARPA. grant award recipients by
summarizing required contract clauses consistent with the federal Uniform Guidance
requirements that are applicable to the State and Local Fiscal Recovery Funds (SLFRF)
program as part of the American Rescue Plan Act (ARPA).
As described in this document a "recipient" is a recipient of an APRA funded grant award from
Business Oregon.
The SLFRF awards are generally subject to the requirements set forth in the The Office of
Management and Budget's (OMB) Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards (commonly called "Uniform Guidance"). The
"Uniform Guidance" is the set of federal rules (administrative requirements, cost principles, and
audit guidelines) that apply to federal money. This includes requirements such as the treatment
of eligible uses of funds, procurement, and reporting requirements. Please see the SLFRF
Compliance and Reporting Guidance page 12 for full Award terms and conditions.
It is the recipient's responsibility to ensure all SLFRF award funds are used in compliance with
these requirements. In addition, recipients should be mindful of any additional compliance
obligations that may apply — for example, additional restrictions imposed upon other sources of
funds used in conjunction with SLFRF award funds, or statutes and regulations that may
independently apply to water and sewer infrastructure projects.
Contract Clause Checklist
Directions:
Appendix II of 2 CFR 200 (The Uniform Guidance) outlines the contract provisions that you must
place in contracts with your contractors, and in contracts with subrecipients (if any). The
checklist below contains these standard clauses for inclusion in contracts needed to utilize
ARPA funds.
Clauses for All Contracts:
Creating a contract that complies with ARPA requirements must include the below sections as
verbatim:
❑ Contractor must be registered in SAM.gov. - The Contractor shall register in the System
for Award Management (SAM), which is the primary registrant database for the U.S. Federal
Government and shall update the information at least annually after the initial registration and
maintain its status in the SAM through the Term of this Agreement. Information regarding the
process to register in the SAM can be obtained at Sam.gov
❑ Whistleblower - Contractor receiving ARPA funds shall under or through this contract post
notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-
174. 29 CFR § 1614.703 (d).
❑ Inspections; Information - Contractor shall permit, and cause its subcontractors to allow the
State of Oregon, the federal government and any party designated by them to:
• Examine, visit and inspect, at any and all reasonable times, the property, if any,
constituting the Project.
• Inspect and make copies of any accounts, books and records, including, without
limitation, its records regarding receipts, disbursement, contracts, and any other matters
relating to the Project, and to its financial standing, and shall supply such reports and
information as reasonably requested.
• Interview any officer or employee of the Contractor, or its subcontractors, regarding the
Project.
❑ Equal Opportunity - Contractor shall comply with Executive Order 11246 of September 24,
1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60).
❑ Copeland "Anti -Kickback" Act - Contractor shall comply with the Copeland "Anti -Kickback"
Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor or
subrecipient must be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the compensation to
which he or she is otherwise entitled. The non -Federal entity must report all suspected or
reported violations to the Federal awarding agency.
❑ Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see
2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
❑ Prohibition on purchasing telecommunications or surveillance equipment, services, or
systems. As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are
prohibited from obligating or expending loan or grant funds to procure or obtain; extend or
renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to
procure or obtain equipment, services, or systems that use covered telecommunications
equipment, video surveillance services or services as a substantial or essential component of
any system, or as critical technology as part of any system. As described in Public Law 115-
232, section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities). Prohibitions extend to the use of Federal funds by recipients and subrecipients
to enter into a contract with an entity that "uses any equipment, system, or service that uses
covered telecommunications equipment or services" as a substantial or essential component of
any system, or as critical technology as part of any system. Certain equipment, systems, or
services, including equipment, systems, or services produced or provided by entities subject to
the prohibition are recorded in the System for Award Management exclusion list.
❑ Preference to United States made goods. - As appropriate and to the extent consistent
with law, the contractor should, to the greatest extent practicable under a Federal award,
provide a preference for the purchase, acquisition, or use of goods, products, or materials
produced in the United States (including but not limited to iron, aluminum, steel, cement, and
other manufactured products). The requirements of this section must be included in all
subawards including all contracts and purchase orders for work or products under this award.
For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
(2) "Manufactured products" means items and construction materials composed in whole or in
part of non-ferrous metals such as aluminum; plastics and polymer -based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
Additional Clauses for Contracts Over $10,000:
Creating a contract over $10,000 that complies with ARPA requirements must include the
additional below sections as verbatim:
❑ Procurement of recovered materials over $10,000. - The Contractor must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and
establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
❑ Termination for cause and for convenience - Contractor shall address termination for
cause and for convenience, including the manner by which it will be affected and the basis for
settlement.
The Contract Owner shall have the option, in its sole discretion, to terminate this Agreement, at
any time during the term hereof, for convenience and without cause. The Contract Owner shall
exercise this option by giving Contractor written notice of termination. The notice shall specify
the date on which termination shall become effective.
Additional Clauses for Contracts Over $100,000:
Creating a contract over $100,000 that complies with ARPA requirements must include the
additional below section(s) as verbatim:
❑ Certification form located in Appendix I. Byrd Anti -Lobbying Amendment (31 U.S.C.
1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying
with non -Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non -Federal award.
❑ Note: Only include for contracts that involve the employment of mechanics or
laborers. The Contract Work Hours and Safety Standards Act requires all contractors —prime
and sub —to pay laborers and mechanics performing on a federal service contract and federal
and federally assisted construction contract over $100,000, 1.5 times their basic rate of pay for
all hours worked over 40 in a workweek. Employers are liable to employees for these unpaid
wages. The failure of a contractor to comply with this Act may also result in liability under the
False Claims Act. Employees who are due unpaid wages under the Contract Work Hours and
Safety Standards Act may file a complaint with the Wage and Hour Division within the U.S.
Department of Labor. The DOL may then enforce the provisions of the Act against violators.
Additional Clauses for Contracts Over $150,000:
Creating a contract over $150,000 that complies with ARPA requirements must include the
additional below section(s) as verbatim:
❑ Contractor shall comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFR part 15).
Additional Clauses for Contracts Over $250,000 (the simplified acquisition
threshold as of 2022):
Creating a contract over $250,000 that complies with ARPA requirements must include the
additional below section(s) as verbatim:
❑ Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms,
and provide for such sanctions and penalties as appropriate.
Upon any breach of this Agreement by Contractor, the Contract Owner shall have all remedies
available to it both in equity and/or at law.
Appendix I
Certification Regarding Lobbying
(Awards to Contractors and Subcontractors in Excess of $100,000)
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and
that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signed:
Title:
Date:
U f
,t
F
business
ore • •
18.5
September 2, 2021
Scott Fleury, Public Works Director
City of Ashland
20 East Main Street
Ashland, OR 97520
RE: Award for Legislative Appropriation for City of Ashland, Talent -Ashland -Phoenix
Intertie Improvements, $3,000,000.00 funded with the American Rescue Plan Act
(ARPA)
Congratulations, as identified in HB 5006 of the 2021 Oregon legislative session your
organization was awarded an allocation of American Rescue Plan Act (ARPA) funding for
the above referenced project.
ARPA funds are federal funds that pass through the state of Oregon to your organization.
There are still a few actions at the federal level yet to take place, including the release of
final guidance from the US Treasury on eligible uses for ARPA funds. We anticipate this
will occur around Fall 2021.
We encourage you to not begin work until final guidance is received or contract execution;
however, we can begin working with you to gather the details of your project, which will
assist us in expediting contract execution after final guidance from the US Treasury has
been received.
Attached to this letter is a Project Contract Information form for collecting information
regarding your project. This information will help us understand the nature of the project,
determine eligibility related to final ARPA rules, expedite contract development,
determine readiness to proceed and understand if additional resources are needed.
Please direct any questions to your Regional Development Officer, Marta Tarantsey, at 503-
856-2693 or Marta.Tarantsey@oregon.gov. Please submit completed form to Marta
Tarantsey at the email provided above.
Sincerely,
Melisa Drugge, Regional Development Manager
Marta Tarantsey, Regional Development Officer
Business Oregon
Tawni Bean, Regional Project Manager
Business Oregon
REQUEST FOR PROPOSAL (RFP)
Professional Engineering Services for the Development of
Talent - Ashland - Phoenix Water System Improvements
Project No: 2021-13
ISSUE DATE: May 13, 2022 PROPOSALS DUE: June 1, 2022
PROJECT DURATION: 12 months Not later than 2:00 PM
REFER QUESTIONS TO:
Kevin Caldwell, Senior Project Manager
Phone: 541-552-2414
Email: kevin.caldwell@ashland.or.us
Late proposals will not be
considered
SUBMIT PROPOSALS TO:
Kevin Caldwell
20 East Main St
Ashland, OR 97520
CITY OF
ASH LAN D
PUBLIC WORKS ENGINEERING
20 EAST MAIN STREET
ASHLAND OR 97520
541/488-SS87
TABLE OF CONTENTS
Table of contents 2
Advertisement 4
Definitions 5
Section 1: Project Overview 6
1.1 Objectives 6
1.2 Background Information 6
1.3 Recommended Water System Improvements 6
Section 2: Schedule 8
Section 3:
Scope of services
8
3.1
General Requirements
8
3.2
Specific tasks and deliverables
10
3.3
Tentative schedule of key tasks and deliverables
11
Section 4:
Selection criteria
11
4.1
General
11
4.2
Selection criteria and scoring
12
Section 5:
Proposal evaluation
12
5.1
Review
12
5.2
Right of rejection
12
5.3
References
13
5.4
Responsibility
13
5.5
Clarification of response
13
5.6
Finalist selection
13
5.7
Ties among Proposers
13
5.8
Notice of intent to award
13
5.9
Contract negotiation
14
5.10
Protest procedures
14
5.11
Resulting contract
15
Section 6:
Contract
15
6.1
Contract form
15
6.2
Business license required
15
6.3
Insurance requirements
16
6.4
Laws and regulations
16
Section 7:
Instructions to Proposers
16
7.1
General
16
7.2
Information of record
17
7.3
Proposal preparation
17
7.4
Proposal format and contents
17
7.5
Signature on proposal
17
7.6
Preparation costs
17
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
7.7
Conformance to solicitation requirements
17
7.8
Questions and clarifications
18
7.9
Addenda
18
7.10
Protest of requirements
18
7.11
Proposal modification
18
7.12
Proposal withdrawals
19
7.13
Proprietary information
19
7.14
Terms and conditions
19
7.15
Proposal opening
20
APPENDICES (BOUND SEPARTELY) 21
EXHIBITA— MAP AND PHOTOS OF THE ASHLAND BPS
21
EXHIBIT B — MAP AND PHOTOS OF THE TALENT BPS
22
EXHIBIT C— MAP AND PHOTOS OF THE REGIONAL (PHOENIX) BPS
23
EXHIBIT D — PROJECT DESCRIPTIONS FROM THE TAP MASTER PLAN
24
EXHIBIT E — EXAMPLE PERSONAL SERVICES AGREEMENT 25
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
ADVERTISEMENT
CITY OF ASHLAND PUBLIC WORKS— REQUEST FOR PROPOSAL
PROFESSIONAL ENGINEERING SERVICES
The City of Ashland is seeking Proposals for professional engineering services for development of Project No.
2021-13, the Development of Talent, Ashland and Phoenix (TAP) Water System Improvements.
The project will result in these water system improvements as identified in the TAP Water System Master Plan:
1. Replace an existing 50 horsepower (HP) pump with a 125 HP pump at the Regional Booster Pump Station.
2. Installation of a new 50 HP pump at the Talent Booster Pump Station (BPS).
3. Replace the existing standby generator at the Talent BPS with a new larger generator.
4. Installation of a new standby generator at the Ashland BPS (not listed in the TAP Master Plan).
5. Evaluation of system telemetry components and recommendation/implementation of improvements.
The installation of these water system improvements must comply with all applicable codes and design standards
pertaining to essential water facility components. The project will include, but is not specifically limited to,
development of Plans, Specifications, and Estimates (PS&E), and bidding and construction support.
Proposals must be physically received by 2:00 PM, (main lobby clock), June 1, 2022 in the City of Ashland
Engineering Office located at 51 Winburn Way, Ashland OR 97520 or by mail at 20 E. Main Street, Ashland, OR
97520. For further information, contact Kevin Caldwell, Project Manager at 541/552-2414 or by email at
kevin.caldwell@ashland.or.us. Consultant selection is anticipated to result in the issuance of a contract for
engineering services in the form provided in this RFP.
Proposal documents may be downloaded from the OregonBuys website. Any addendum that may be issued,
relating to this proposal will only be available from Oregon Buys and potential proposers are cautioned to
continuously monitor the site for updates and addendum.
All proposals shall be submitted as set forth in Section 6 - Instructions to Proposers. The City is not responsible
for proposals submitted in any manner, format or to any delivery point other than as required by the Solicitation
Document. Proposals must be from an Oregon Professional Engineer and shall be concise, appropriate to the
scale of the evaluation and include only items that are relevant to this specific project.
Consultant selection will be based upon weighed criteria as set forth in the Solicitation Document and will
include criteria such as (but not limited to): proposed work plan and approach, schedule, general and special
project experiences, team experience and availability, and other applicable criteria.
The City of Ashland reserves the right to cancel this procurement or reject any and all proposals in accordance
with ORS 279B.100.
Scott Fle ubl cs Dire or
First date of solicitation: May 13, 2022
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
CITY OF
ASH LAN D
DEFINITIONS
For the purpose of this RFP:
"Agency" or "City" means City of Ashland.
"Business days" means calendar days, excluding Saturdays, Sundays and all City recognized holidays.
"Calendar days" or "days" means any day appearing on the calendar, whether a weekday, weekend day,
national holiday, State holiday or other day.
"Council" means City of Ashland Council
"Department" means the City of Ashland Engineering Department.
"Manager" means the City of Ashland Project Manager.
"Proposers"- All firms submitting proposals are referred to as Proposers in this document; after negotiations, an
awarded Proposer will be designated as "Consultant".
"RFP" means Request for Proposal.
"Scope of Work" means the general character and range of services and supplies needed to complete the
work's purpose and objectives, and an overview of the performance outcomes expected by Agency.
"Services" means the services to be performed under the Contract by the Consultant.
"Statement of Work" means the specific provision in the final contract which sets forth and defines in detail
(within the identified Scope of Work) the agreed -upon objectives, expectations, performance standards,
services, deliverables, schedule for delivery and other obligations.
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
CITY OF
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SECTION 1: PROJECTOVERVIEW
1.1 OBJECTIVES
The City of Ashland is seeking Proposals for professional engineering services for development of Project No.
2021-13, the Development of Talent, Ashland and Phoenix (TAP) Water System Improvements.
The project will result in these water system improvements as identified in the TAP Water System Master Plan:
1. Replace an existing 50 horsepower (HP) pump with a 125 HP pump at the Regional Booster Pump Station.
2. Installation of a new 50 HP pump at the Talent Booster Pump Station (BPS).
3. Replace the existing standby generator at the Talent BPS with a new larger generator.
4. Installation of a new standby generator at the Ashland BPS (not listed in the TAP Master Plan).
5. Evaluation of system telemetry components and recommendation/implementation of improvements.
The installation of these water system improvements must comply with all applicable codes and design standards
pertaining to essential water facility components. The project will include, but is not specifically limited to the
development of Plans, Specifications, and Estimates (PS&E), and bidding and construction support.
1.2 BACKGROUND INFORMATION
The TAP water system was initially developed in the early 2000's and delivers potable water from the Medford
Water Commission to the Cities of Talent, Ashland and Phoenix. The TAP system includes several miles of large
diameter transmission lines, three Booster Pump Stations and associated Reservoirs. The TAP water system is
the only water source for Talent and Phoenix and is an supplemental water source for Ashland. All three Cities
collaborate to manage and maintain the TAP system for the benefit of the partner Cities.
In 2020 the TAP Water System Master Plan was completed. This Master Plan includes a summary of current
management, operations, maintenance and identifies specific capital improvement projects for the system. All
of the Water System Improvements identified by this solicitation are derived from the TAP Water System Master
Plan with the exception of the new standby generator at the Ashland BPS. The identified improvements are part
of the individual water systems of the Cities of Talent, Ashland and Phoenix. However, the City of Ashland is
administering the contract for all of the work in coordination with the other Cities.
1.3 RECOMMENDED WATER SYSTEM IMPROVEMENTS
The Regional BPS is located at 2992 Samike Dr. in Medford, OR and is managed by the City of Phoenix Public
Works. At this facility it is recommended to replace an existing 50 HP vertical turbine pump with a new 125 HP
vertical turbine pump and associated controls/electrical work. The existing pump has a US Motors 3-phase, 460
volt electric motor. It is also suggested to review and update the SCADA programming and telemetry to better
allow for coordination between Cities and constant -rate pumping. A map and photos of this facility are attached in
Exhibit C.
The Talent BPS is located at 260 Suncrest Rd. in Talent, OR and is managed by the City of Talent Public Works. At
this facility it is recommended to add a new pump bay with a 50 HP horizontal pump and the necessary plumbing
and controls/electrical work. It is also suggested to review and update the SCADA programming and telemetry to
better allow for coordination between Cities and constant -rate pumping. The Talent BPS is currently served by a 3-
phase 480 volt 200 KW back-up generator and an automatic transfer switch. This generator is recommended for
replacement with a larger 300 KW generator to serve full build -out demands of the Talent BPS. A map and photos
of this facility are attached in Exhibit B.
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
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The Ashland BPS is located at 1001 W. Jackson Rd in Ashland, OR. and is managed by the City of Ashland Water
Department. This facility does not have a back-up power supply. It is recommended that a new 450 KW generator
be installed to serve full build -out demands of the BPS. This facility currently has a manual transfer switch and
generator power inlet for emergency use. It is also suggested to review and update the SCADA programming and
telemetry to allow for better coordination between Cities. A map and photos of this facility are attached in Exhibit
A.
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
CITY OF
ASHLAND
SECTION 2: SCHEDULE
The schedule of events listed below represent City's estimated schedule for this RFP. This schedule is SUBECT
TO CHANGE and will be adjusted as required.
EVENT
DAILY COUNT (CALENDAR DAYS)
DATE
1.
Request for Proposal Released
0
5/13/22
2.
Last Date for Request for changes/Protest for
Specifications/Questions
10 days prior to Proposal Closing
5/20/22
3.
Last Date for City to Post Addenda
3 days prior to Proposal Closing
5/27/22
4.
Closing Date (last day to submit Proposals)
6/1/22
5.
Responses Evaluated
—15 days after Closing Date
6/16/22
7.
Intent to Award Announced
—15 days after Closing Date
6/16/22
8.
Contract Development and Award
—30 days after Closing Date
7/1/22
9.
Expected Project Completion (all phases)
—12 months after Contract Award
7/1/23
SECTION 3: SCOPE OF SERVICES
The successful Proposer will be expected to enter into a Personal Services Agreement with the City of Ashland
(Exhibit E) for the completion of the following major tasks and requirements specific to those tasks:
3.1 GENERAL REQUIREMENTS
Personnel, Materials, & Equipment: The Consultant shall provide qualified and competent personnel and shall
furnish all supplies, equipment, tools and incidentals required to accomplish the work. All materials and
supplies shall be of good quality and suitable for the assigned work.
Safety Equipment: The Consultant shall provide and use all safety equipment including, and not limited to hard
hats, safety vests and clothing required by State, Federal regulations and City or Department policies and
procedures.
Professional Responsibilities: The Consultant shall perform the work using the standards of care, skill and
diligence normally provided by a professional in the performance of such services in respect to similar work and
shall comply will all applicable codes and standards.
Project Management: The Consultant shall attend a project kickoff meeting with representatives of all three
Cities. Thereafter, the Consultant and the City staff will meet as required for the project duration. The
objectives of the meetings will include reviewing the scope, budget, schedule and deliverables. The Consultant
will organize and manage the consultant project team and coordinate with Ashland Project Manager and City
staff as necessary.
Monthly Invoices and Progress Reports: The Consultant shall prepare monthly invoices and progress reports
including the following:
• Work Completed during the month by work task as a percentage of completion.
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• Needs for Additional Information, Reviews, or Changes to the Scope of Work.
• Scope, Schedule, and Budget Issues and Changes
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3.2 SPECIFIC TASKS AND DELIVERABLES
SITE INVESTIGATION, DATA COLLECTION, RECORD RESEARCH
• Review existing records and data including but not limited to drawings, maps, and other
documents relevant to the limits and scope of this project.
• Locate on -site utilities and contacting utility companies for existing base maps.
• Visually inspect facility grounds for potential generator placement, pump installation,
SCADA/telemetry hardware and programming, electrical components and requirements.
• Identify any potential conflicts or additional information required.
• Identify utility relocation or extension needs.
2. PRELIMINARY DESIGN (60% DESIGN SUBMITTAL)
Prepare base mapping for each facility which includes elevations, utilities, right-of-way,
easement, and other pertinent features.
Develop preliminary design, showing existing and proposed improvements.
Prepare list of technical specifications and engineer's cost estimate.
Deliverables:
A digital pdf copy of the 60% design submittal shall be presented to the City of Ashland for review.
The submittal shall include the conceptual design showing the proposed improvements per facility
and probable construction cost estimates. One meeting shall be scheduled with City staff for
Consultant to present the 60% design submittal.
90% DESIGN SUBMITTAL
• Incorporate 60% Design Submittal comments.
• Prepare complete detailed plans, standard and project details, technical specifications, bid
schedule, bid item descriptions, and 90% engineer's cost estimate.
• Consultant shall prepare the Scope of Bids and Bid Schedule specification sections in addition to
the technical specifications.
• The 90% Design Submittal shall be considered a complete design submittal.
Deliverables:
A digital pdf copy of the 90% design submittal shall be presented to the City for review. The
submittal shall include contract documents and probable construction cost estimates. One meeting
shall be scheduled with City staff to review City comments on the 90% design submittal.
FINAL DESIGN SUBMITTAL (100% DESIGN)
• Incorporate any 90% Design Submittal comments.
• Submit three sets of full-size stamped and signed final drawings along with three sets of
technical specifications and other contract documents.
• Submit one copy of final quantity calculations and engineer's construction cost estimates.
• Submit all digital files (AutoCAD, MS Word, MS Excel, etc.) for the project.
Deliverables:
One (1) hard copy and one (1) pdf copy of the 100% final design submittal shall be presented to the
City of Ashland for bid. The submittal shall include full-size stamped and signed final drawings,
contract documents and probable construction cost estimates.
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
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BID AND CONSTRUCTION SUPPORT
• The City of Ashland will administer the bidding and contract award processes in coordination with
the other partner Cities.
• Provide bidding assistance/clarifications which includes responding to questions from potential
bidders, attending the pre -bid meetings and job walks (assume 3 pre -bid meetings, one at each
facility), assisting with preparation of addenda reviewing the submitted bids, and
recommending a contract for award.
• Facilitate mandatory pre -construction site meetings with all necessary parties (assume 3
meetings, one at each facility).
• Attend and facilitate construction meetings as necessary.
• Conduct site visits at all locations during construction at appropriate stages.
• Provide submittal list, review submittals and shop drawings, change order requests and provide
written recommendations to the City of Ashland.
• Review and respond to contractor's request for information (RFI) and clarifications during
construction and provide written recommendations to the City of Ashland.
• If necessary, assist the City of Ashland with the pre -purchase of major project components.
• Participate in the final inspection and assist with preparing the punch list of deficiencies.
• Prepare and submit digital as-builts / record drawings to the City of Ashland.
Deliverables:
Three (3) full-size hard copies, one (1) pdf digital copy and one (1) AutoCAD format copy of the
record drawings.
3.3 TENTATIVE SCHEDULE OF KEY TASKS AND DELIVERABLES
The following the City's desired schedule for key tasks and major deliverables:
Task
Date
Award Contract
7/1/22
Kick-off Meeting
7/10/22
50% Design Submittal
8/10/22
90% Design Submittal
8/25/22
100% Design Submittal
9/15/22
Release Construction Solicitation
10/1/22
Award Construction Contract
11/15/22
Construction Kick -Off Meeting
12/1/22
Construction Complete
6/1/23
As -built Drawing Submittal
7/1/23
SECTION 4: SELECTION CRITERIA
4.1 GENERAL
This method of personal services solicitation is categorized as Intermediate Procurement (contracts between
$5,000 and $75,000). In accordance with ORS 2796.070 and AMC Section 2.50.120(A), Intermediate
Procurement (4), If a contract is awarded, the contracting agency shall award the contract to the offeror whose
quote or proposal will best serve the interests of the contracting agency, taking into account considerations
including, but not limited to, experience, expertise, product functionality, suitability for a particular purpose and
contractor responsibility under ORS 27913.110.
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
CITY OF
-ASH LAN D
4.2 SELECTION CRITERIA AND SCORING
The selection criteria defined below are consistent with the minimum selection criteria established for
Intermediate Procurement by AMC Section 2.50.120(C).
1. Letter of Transmittal (Required, No Points Awarded). On company letterhead, describe your firm's
interest in providing professional engineering services to the Cities of Talent, Ashland and Phoenix. This
letter shall include the following components:
a. Certification that the Proposer is an Independent Contractor.
b. Indication that the Proposer accepts the terms of the City of Ashland Personal Services Agreement,
provided in the Exhibit E of this RFP.
c. Acknowledgment of the specific addenda received OR a statement acknowledging no addenda were
received.
d. An original, ink signature of an authorized representative of the firm.
e. Name, title, address, email, and telephone number of the signatory representative.
2. Project Approach (25 Points Possible). Provide a description of your firm's approach to complete a
successful preliminary design, final design, construction specifications, and construction administration for
these types of critical water system projects. Include a summary of your quality control program.
3. Project Experience (30 Points Possible). Discuss at least three projects performed in the last 10 years
involving similar work to the scope of work for this RFP, particularly any protects involving critical
water systems. Include the following information for each project:
a. Client name, point of contact, address, and telephone number
b. Description and location of project and year of completion
c. Key Persons from your proposed Team involved in all disciplines
Proposer's Demonstrated Ability to Deliver Budget and Schedule on Similar Projects (25 Points
Possible). For each of the three (3) projects listed above, provide a discussion of whether the project was
completed on time and on budget or needed to be revised. Briefly explain the reason for any revisions,
and what attempts were made to bring the project back on schedule and within budget.
Project Team Experience and Availability (20 Points Possible).
a. Provide a list of the key staff proposed for this project ("Key Persons)"). Provide the following for
each key person: a summary of their proposed roles and a description of their relevant experience.
b. Indicate which individual will manage the project and be the primary contact. Indicate the specific
experience this individual has managing projects similar to the project in this RFP.
c. State the estimated proportion of each Key Person's time that will be spent on City's project vs. total
time spent on all Key Person's projects during the term of contract.
d. Submit resumes that support each Key Person's relevant experience. No more than five resumes
should be submitted as Appendix A and will not count against page limit.
Termination for Default (Pass or Fail). Proposers shall indicate if they have had a contract terminated for
default in the last five years. Termination for default is defined as notice to stop performance that was
delivered to the Proposer due to the Proposer's non-performance or poor performance and the issue of
performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
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determined that the Proposer was in default. If a Proposer has had a contract terminated for default in
this period, then the Proposer shall submit full details including the other party's name, address and
phone number. City of Ashland will evaluate the facts and may, at its sole discretion, reject the proposal
on the grounds of past performance.
SECTION 5: PROPOSAL EVALUATION
5.1 REVIEW
Proposals will be reviewed and evaluated by an evaluation committee of reviewers consisting of at least one
representative from each of the TAP partner Cities (Talent, Ashland, Phoenix). The total number of points
possible for written Proposals is 100.
5.1 DEFECTIVE PROPOSALS
Due to limited resources, the City of Ashland generally will not completely review or analyze Proposals that on
their faces fail to comply with the minimum mandatory requirements of the solicitation documents nor will City
generally investigate the references or qualifications of such proposals. Therefore, City will not acknowledge
whether an unsuccessful Proposal was complete, responsive, responsible, sufficient, or lawful in any respect.
This is a public solicitation, the processes and procedures which are established and required by Oregon law
and City -adopted rules. Proposers are advised to strictly follow the process, procedures, and requirements as
set forth in this RFP and not anticipate or rely on any opportunity to negotiate, beyond such limitations that are
identified herein.
5.2 RIGHT OF REJECTION
Proposers must comply with all terms of this RFP and all applicable federal, state, and local laws, administrative
rules, and regulations. The City may reject any Proposal that does not comply with all material and substantial
terms, conditions, and performance requirements of this RFP.
Proposers may not qualify the Proposal nor restrict the rights of the Cities of Talent, Ashland or Phoenix. If a
Proposer does so, the City of Ashland may determine the Proposal to be a non -responsive counter-offer, and
the Proposal may be rejected.
Minor informalities that may be waived include those that:
• do not affect responsiveness,
• are merely a matter of form or format,
• do not change the relative standing or otherwise prejudice other offers,
• are trivial, negligible, or immaterial in nature,
• do not reflect a material change in the work, or,
• do not constitute a substantial reservation against a requirement or provision.
The City of Ashland reserves the right to refrain from making an award if the City determines that to be in its best
interest.
A Proposal from a debarred or suspended Proposer shall be rejected.
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5.3 REFERENCES
The City reserves the right to investigate any and all references and the past performance information provided
in the Proposal with respect to the proposer's successful performance of similar projects, compliance with
specifications and contractual obligations, completion or delivery of a project on a schedule, and lawful payment
of employees and workers.
The City of Ashland reserves the right to check any and all sources for information on a proposer's past
performance, including sources other than the references provided in the proposer's Proposal. The City may
consider information available from any source, including government bodies and regulatory authorities.
5.4 RESPONSIBILITY
The City of Ashland reserves the right to investigate and evaluate, at any time prior to award and execution of
the contract, the apparent successful Proposer's responsibility for performing the contract. Submission of a
signed Proposal shall constitute approval for City to obtain any information the City deems necessary to
conduct evaluation. The City of Ashland reserves the right to request additional information or documentation
from the successful Proposer prior to award of contract. Such information may include, but is not limited to,
current and recent balance sheets, income statements, cash flow statements, or a performance bond from an
acceptable surety. Failure to provide this information will result in rescission of City's Intent to Award.
City may postpone the award of contract after announcement of the apparent successful Proposer in order to
complete its investigation and evaluation. Failure of the apparent successful Proposer to demonstrate
responsibility shall render the Proposer non -responsible and shall constitute grounds for rejection of the
proposal.
5.5 CLARIFICATION OF RESPONSE
The City of Ashland reserves the right to request clarification of any item in any Proposal, or to request
additional information necessary to properly evaluate a particular Proposal. All request for clarification and
responses shall be in writing.
During the evaluation of Proposals, Proposers must respond to any request for clarification from the Evaluation
Committee within 24 hours of request (Monday through Friday). Inability of the Evaluation Committee to reach
a Proposer for clarification and/or failure of a Proposer to respond within the time stated may result in rejection
of the Proposer's Proposal.
5.6 FINALIST SELECTION
The firm with the highest cumulative score as a result of written Proposal scoring will be considered the Finalist,
and all other firms will be ranked according to next highest score, etc.
5.7 TIES AMONG PROPOSERS
If the City of Ashland determines after the ranking of potential firms, that two or more of them are equally
qualified to be the Finalist, City may select a candidate through any process that the City believes will result in
the best value for taking into account the scope, complexity and nature of the Work. The process shall instill
public confidence through ethical and fair dealing, honesty and good faith on the part of the City of Ashland and
Proposers and shall protect the integrity of the Public contracting process.
As part of the procedure for choosing the Finalist between two or more equally qualified candidates, City may
elect to give a preference to a local consulting firm.
5.8 NOTICE OF INTENT TO AWARD
After the completion of the evaluation and ranking, the City of Ashland will issue a written Notice of Intent to
Award, naming the Finalist, and send copies to all Proposers.
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5.9 CONTRACT NEGOTIATION
The City of Ashland will attempt to reach an agreement with the Finalist in terms of Contractor's performance
obligation, final schedule, and any modifications to Scope of Work deemed necessary for successful completion
of the Project. The City may, in its sole discretion, terminate negotiations and reject the proposal if it appears
agreement cannot be reached. The City may then attempt to reach a final agreement with the second highest
scoring Proposer and may continue on in the same manner with the remaining proposers until an agreement is
reached.
5.10 PROTEST PROCEDURES
The City of Ashland shall provide to all Proposers a copy of the selection notice that City sent to the Finalist. A
Qualified Proposer who claims to have been adversely affected or aggrieved by the selection of the highest
ranked Proposer may submit a written protest of the selection to the City. A Proposer submitting a protest
must claim that the protesting Proposer is the highest ranked Proposer because the Proposals of all higher
ranked Proposers failed to meet the requirements of the RFP or because the higher ranked Proposers
otherwise are not qualified to perform the Architectural, Engineering, or Land Surveying Services, or Related
Services described in the RFP.
Eligible Proposers protesting award shall follow the procedures described herein. Protests that do not follow
these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy
available to Proposers.
a) Protests must be received within seven (7) days after issuance of the notice of intent to award the
Contract. The City of Ashland will not consider late protests.
b) All protests must be in writing, signed by the protesting party or an authorized Agent. The protest must
specify the grounds for the protest to be considered by the City.
c) Protests based on procedural matters will not be considered.
d) The City of Ashland's Public Works Director will review the protest and will fax and mail the protesting
party a written response within three (3) business days of receipt of the written protest to the fax
number and address provided in the proposal. Any written response may be comprised of a
determination of the protest, a notice to the protesting party of the need for additional time in which to
evaluate the matter, or other notice to the protesting party.
e) If the Public Works Director's determination (response) is adverse to the protester, any further appeal of
the Public Works Director's determination by the party must be submitted in writing to the Ashland City
Manager within three (3) business days of issuance of the Public Works Director's determination
(response).
f) The City Manager will review any appeal of the Public Works Director's determination and shall fax and
mail, in accordance with the fax number and address provided in the proposal, the protesting party a
written response within three (3) business days of receipt of written appeal.
g) If the determination of the Ashland City Manager is adverse to the protesting party's interest, the
protesting party may only appeal to the Ashland City Council by filing a written notice of appeal to the
Council with the City Manager within two (2) business days of issuance of the City Manager's written
determination.
h) The Ashland City Council, in considering the protest, shall review the documentation presented to the
Public Works Director and the City Manager on the next regularly scheduled Council Meeting, but in
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no event shall they be required to review in less than ten (10) business days, and thereafter, base their
decision on such material. The Council review will be limited to the evaluation of compliance with
City's policies and procedures, requirements of the RFP and the equal and fair application of the City of
Ashland contracting rules. The Ashland City Council's determination shall be City's final decision.
i) An adversely affected or aggrieved proposer must exhaust all avenues of administrative remedies before
seeking judicial review of City's Consultant selection or Notice of Intent to Award.
5.11 RESULTING CONTRACT
Upon reaching final agreement with an awarded Proposer, the City will issue a Personal Services Agreement
(PSA) in substantially the form as found in Exhibit E. The PSA will include the City's Standard Terms and
Conditions, the final schedule and statement of work, and the proposal and all responses provided by the
awarded Proposer.
SECTION 6: CONTRACT
6.1 CONTRACT FORM
The consultant selected by the City of Ashland in coordination with the other partner Cities will be expected to
enter into a written agreement substantially the same form as attached to this RFP. The Proposal should
indicate acceptance of the City of Ashland contract provisions. Suggested reasonable alternatives that do not
substantially impair City's rights under the contract may be submitted. Unconditional refusal to accept contract
provisions will result in Proposal rejection.
Contract Duration — The City anticipates having the Consultant begin work immediately upon contract execution
with submittal of final deliverables to the City of Ashland occurring no later than 12 months after contract
execution. Proposals containing earlier completion of the deliverables are acceptable and encouraged.
Contract Payment — Contingent upon City's need, Consultant's performance and availability of approved
funding, the City of Ashland reserves the right to amend the contract (within the scope of the project described
in this RFP) for additional tasks, project phases and compensation as necessary to complete a particular
project. Proposers are advised that the award and potential dollar amount of the contract under this RFP will
be contingent upon approval by the Ashland City Council acting as the Contract Review Board.
Payment will be made for completion of, or acceptable monthly progress on, tasks and deliverables in
conformance with contract requirements and applicable standards. The method of compensation will be
determined by the City and may be based upon any one or combination of the following methods:
• Cost plus fixed -fee, up to a maximum NTE amount
• Fixed price for all services. Fixed price per deliverable. Fixed price per milestone
• Time and materials, up to a maximum NTE amount (City preferred method)
• Price per unit
Ashland Living Wage Requirements — Consultant is required to comply with Chapter 3.12 of the Ashland
Municipal Code by paying at least the living wage as established by the City of Ashland for the effective date of
June 30, 2021 ($15.96 per hour). Additional information on when the living wage applies and how to calculate
the living wage is appended to the Personal Services Agreement included in the appendix of this RFP.
6.2 BUSINESS LICENSE REQUIRED
The selected consultant must have or acquire a current business license from the Cities of Ashland, Talent and
Phoenix prior to conducting any work under the contact.
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6.3 INSURANCE REQUIREMENTS
Contactor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers
to provide Oregon workers' compensation coverage for all their subject workers.
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 per occurrence. This is to cover damages caused by any error, omission, or negligent act
related to the professional services to be provided under the contract.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than $2,000,000
per occurrence for bodily injury and property damage. It shall include contractual liability coverage for the
indemnity provided under the contract.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 per occurrence for each accident for bodily injury and property damage, including coverage for
owned, hired or non -owned vehicles, as applicable.
e. Notice of Cancellation or Change. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the contractor or its
insurer(s) to the City.
Additional Insured/Certificates of Insurance. Contractor shall name the Cities of Ashland, Talent, Phoenix, and
the elected officials, officers and employees of all three (3) Cities as additional insurers on any insurance policies
required herein but only with respect to contractor's services to be provided under this contract. As evidence
of the insurance coverage required by this contract, the contractor shall furnish acceptable insurance
certificates prior to commencing work under this contact. The certificate will specify all of the parties who are
additional insures. The consultant's insurance is primary and non-contributory. Insuring companies or entities
are subject to City of Ashland acceptance. If requested, complete copies of insurance policies; trust
agreements, etc. shall be provided to the City of Ashland. The contractor shall be financially responsible for all
pertinent deductibles, self -insured retention and/or self-insurance.
6.4 LAWS AND REGULATIONS
The proposer is assumed to be familiar with all Federal, State, County or City laws or regulations, which in any
manner affect those engaged or employed in the work or the materials or equipment used or which in any way
affect the conduct of the work, and no pleas of misunderstanding will be considered on account of ignorance
thereof. If the proposer shall discover any provision in these specifications or project information, plans or
contract documents which is contrary to or inconsistent with any law or regulations, they shall report it to the
City of Ashland in writing.
All work performed by the contractor shall be in compliance with all Federal, State, County and local laws,
regulations and ordinances. Unless otherwise specified, the contractor shall be responsible for applying for
applicable permits and licenses.
SECTION 7: INSTRUCTIONS TO PROPOSERS
7.1 GENERAL
All proposals and any resulting contracts are subject to the provision and requirements of Oregon Revised
Statutes, Sections 279A and 279B. Engineering contracts are further subject to 279C and to the City of Ashland
(City) Municipal Code Section 2.50.
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7.2 INFORMATION OF RECORD
This Request for Proposal (RFP) will be distributed through OregonBuys. All updates, addendum, and related
communications will be published through OregonBuys. It is the sole responsibility of the proposer to check the
OregonBuys website (https://oregonbuys.gov/bso/) on a timely basis for critical information regarding the
proposal.
7.3 PROPOSAL PREPARATION
Proposals shall be typewritten, precise, and shall not include unnecessary promotional material. Except for
Letter of Transmittal and resumes, the proposal shall contain no more than 8 pages. Proposals shall be titled
"Proposal for Professional Engineering Services for the Development of TAP Water System Improvements".
One original (wet ink signature) and six complete copies of the proposal shall be submitted to the City of Ashland
prior to the advertised proposal closing date. One digital copy shall be submitted on a USB drive.
7.4 PROPOSAL FORMAT AND CONTENTS
Responses must follow the format outlined in this RFP. Headers, titles or tabs shall be used to identify required
information. Additional materials in other formats of pages beyond the stated page limit may not be considered.
Proposal responses shall be organized in the following manner and shall address each item listed in the Selection
Criteria:
❑ Letter of Transmittal
❑ Project Approach
❑ Project Experience
❑ Demonstrated Ability to Deliver Budget and Schedule on Similar Projects
❑ Project Team Experience and Availability
❑ Termination for Default Status
7.5 SIGNATURE ON PROPOSAL
Proposals shall be signed in ink by an authorized representative of the Proposer. Signature on a Proposal
certifies that the Proposal is made without connection with any person, firm or corporation making a proposal
for the same goods and/or services and is in all respects fair and made without collusion or fraud. Signature on
a Proposal also certifies that the proposer has read, fully understands and agrees with all solicitation
requirements, terms and conditions. No consideration will be given to any claim resulting from proposing
without fully comprehending all requirements of this RFP.
7.6 PREPARATION COSTS
The City of Ashland may cancel a solicitation, whether informal or formal, or reject all Proposals, without liability
incurred by City at any time after issuing an RFP, if City believes it is in City's best interest to do so. Consultants
responding to RFPs are responsible for all costs they may incur in connection with submitting Proposals and
responses to RFPs, which includes, but is not limited to: preparation, submittal, travel expenses, interviews,
presentations, or evaluation of any Proposal.
7.7 CONFORMANCE TO SOLICITATION REQUIREMENTS
Proposals shall conform to the requirements of this Request for Proposals. All necessary attachments (Letter of
Transmittal, Resumes, etc.) shall be submitted with the Proposal and in the required format. Failure to comply
with all requirements may result in Proposal rejection.
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7.8 QUESTIONS AND CLARIFICATIONS
Questions regarding the information contained in the RFP document must be submitted in writing or by email to
the City of Ashland Project Manager listed on the cover page of this RFP. All questions must be received not later
than ten (10) calendar days prior to the proposal submission deadline. Answers to questions received by City,
which are deemed by City to be substantive, will be issued as official addenda to this RFP to ensure that all
proposers base their proposals on the same information.
7.9 ADDENDA
Any addendum or addenda issued by the City of Ashland which may include changes, corrections, additions,
interpretations or information, and issued seventy-two (72) hours or more before the scheduled closing time
for submission of bids, Saturday, Sunday and legal holidays not included, shall be binding upon the proposer.
All official addendums will be issued through OregonBuys and it shall be the proposer's sole responsibility to
acquire any and all addendum pertaining to RFP. Proposer shall indicate receipt of all issued addenda by
indicating the number of addenda received on the Proposal Form
7.10 PROTEST OF REQUIREMENTS
Proposers may submit a written protest of any provision, specification or contract term contained in this RFP
and may request a change to any provision, specification or contract term contained in this RFP, not later than
ten (10) calendar days prior to the advertised proposal closing date.
A proposer's written protest must meet the following requirements:
• A detailed statement of the legal and factual grounds for the protest.
• The reason for the protest or request for change.
• A statement of the form of relief requested or any proposed changes to the specifications or contract
document.
All protests shall be mailed or otherwise delivered to the City marked as follows:
PROPOSAL PROTEST
Project No. 2021-13
City of Ashland Public Works Dept.
ATTN: Kevin Caldwell, Project Manager
20 East Main St
Ashland, OR 97520
City Response: The City of Ashland may reject without consideration a proposer's protest after the deadline
established for submitting protest. The City shall provide notice to the applicable proposer if it entirely rejects a
protest. If the City agrees with the proposers protest, in whole or in part, the City shall either issue an
addendum reflecting its determination or cancel the solicitation.
Extension of Closing: If the City of Ashland receives a written protest from a proposer in accordance with this
rule, the City may extend closing if the City determines an extension necessary to consider the protest and to
issue addenda, if any, to the solicitation of document.
Judicial review of the City's decision relating to a specification protest shall be in accordance with ORS.
279B.405.
7.11 PROPOSAL MODIFICATION
Modifications or erasures made before proposal submission shall be initialed in ink by the person signing the
proposal. Proposals, once submitted, may be modified in writing before the time and date set for proposal
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closing. Any modification shall be prepared on company letterhead, shall be signed by an authorized
representative, and shall state that the new document supersedes or modifies prior proposal submissions and
any other prior proposal modifications. Proposal modifications shall be submitted in a sealed envelope clearly
marked "Proposal Modification," identifying the project number and closing date and time. Proposers may not
modify proposals after proposal closing date and time.
7.12 PROPOSAL WITH DRAWLS
Proposals may be withdrawn in writing on company letterhead signed by an authorized representative and
received by the Project Manager prior to the date and time set for closing. Proposals may be withdrawn in
person before closing time upon presentation of appropriate identification.
7.13 PROPIETARY INFORMATION
All information submitted by Proposers shall be public record and subject to disclosure pursuant to the Oregon
Public Records Act (ORS 192.311 to 192.478 410 et seq.), except such portions of the proposals for which
Proposer requests exception from disclosure consistent with Oregon Law. Any portion of a proposal that the
Proposer claims is confidential must meet the requirements of ORS 192.345, 192.355, or other applicable law.
The entire proposal may not be marked as "confidential".
The City of Ashland is subject to the Oregon Public Records Laws (ORS 192.311 to 192.478), which require the
City to disclose all records generated or received in the transaction of City business, except as expressly
exempted. The City of Ashland will not disclose records submitted by a Proposer that are exempt from
disclosure under the Oregon Public Records Law, subject to the following procedures and limitations.
The entire Proposal cannot be marked confidential. All pages containing the records exempt from disclosure
shall be marked "confidential" and segregated in the following manner:
• It shall be clearly marked in bulk and on each page of the confidential document.
• It shall be kept separate from the other Proposal documents in a separate envelope or package
• Where the specification conflicts with other formatting and response instruction specifications, this
specification shall prevail.
• Where such conflict occurs, the Proposer is instructed to respond with the following: "Refer to
confidential information enclosed."
• This statement shall be inserted in the place where the requested information was to have been placed.
Proposers who desire that additional information be treated as confidential must mark those pages as
"confidential." Proposers shall also cite the specific statutory basis for the exemption and give the reasons why
the public interest would be served by the confidentially. Should a Proposal be submitted as described in this
section, no portion of it will be held confidential unless that portion is segregated as described in the criteria
above.
Notwithstanding the above procedures, the City of Ashland reserves the right to disclose information that the
City determines, in its sole discretion, is not exempt from disclosure or that the City is directed to disclose by the
City's Attorney, the District Attorney, or a court of competent jurisdiction.
7.14 TERMS AND CONDITIONS
Unless an official addendum has modified or reserved the right to negotiate any terms contained in the contract
or exhibits thereto, the City will not negotiate any term or condition after the protest deadline, except the
statement of work and calendar with the selected proposer. By submitting a Proposal, the selected proposer
agrees to be bound by the terms and conditions as set forth in this RFP and as such terms and conditions may
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have been modified or reserved by the City of Ashland for negotiation. Any Proposal that is received
conditioned upon City's acceptance of any other terms and conditions or rights to negotiate will be rejected.
7.15 PROPOSAL OPENING
Unless otherwise provided by law, Proposals received in response to this RFP shall be opened at the date and
time set for closing at the City of Ashland Engineering Services Building at 51 Winburn Way, Ashland, Oregon
97520. Proposers who attend the Proposal opening shall be informed only of the names of the Proposers
submitting Proposals. No other information shall be available, and no copies of the Proposals shall be made.
Award decisions will NOT be made at that time.
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
EXHIBIT A
Ashland BPS map and photos
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.1001 W Jackson Rd,
Ashland, OR 97520
Location of the Ashland BPS
Ashland BPS proposed new generator location
CITY OF
ASHLAND
Manual transfer switch inside Ashland BPS
BPS generator electrical power inlet cabinet
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EXHIBIT B
Talent BPS map and photos
.260 Suncrest Rd,
Talent, OR 97540
OP ",,`Secsage
of
O
Location of the Talent BPS
Existing pumps inside the Talent BPS
Existing generator at the Talent BPS Existing automatic transfer switch in Talent BPS
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-ASH LAN D
EXHIBIT C
Regional BPS map and photos
Location of the Regional BPS
T
PO
2992 Samike Dr,
Medford, OR 97501
1 of 2 (50 hp) pumps proposed for replacement
Regional BPS 50 hp pump motor tag
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EXHIBIT D
Project descriptions from the TAP Master Plan
PS-1: Regional BPS Programming Updates
Programming updates to the Regional BPS require SCADA Human Machine Interface (HMI) improvements,
Phoenix Shop BPS programming and Regional BPS programmable logic controller (PLC) programming.
PS-2: Regional BPS Short -Term Expansion
Replace one of the 50 hp pumps at the Regional BPS with a 125 hp pump. This project is needed to meet
increasing TAP demands when all TAP Partner Cities are at maximum day demands.
PS-3: Talent BPS Small Pump Installation
A smaller 50 hp pump is recommended to allow Talent to pump at a constant rate to meet its low winter
demands.
PS-4: Talent BPS Programming Updates
This project includes SCADA (HMI) improvements and Talent BPS programming to adjust to constant rate
pumping.
PS-5: Talent BPS Generator Upgrade
The generator upgrade at the Talent BPS will provide standby power to run the BPS for build -out demands for
Talent and Ashland combined.
0-2: Telemetry Summary Report
A summary of the existing telemetry systems is recommended, including an update to the topology graphics
for the TAP system.
Note: The Ashland BPS generator and telemetry improvements are not specifically listed in the TAP Master
Plan.
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-ASHLAND
EXHIBIT E
Example Personal Services Agreement
PERSONAL SERVICES AGREEMENT
CONSULTANT:
CITY OF CONSULTANT'S CONTACT:
-AS H L A N D ADDRESS:
20 East Main Street
Ashland, Oregon 97520 TELEPHONE:
Telephone: 541 /488-XXXX
Fax: 541 /552-XXXX
This Personal Services Agreement (hereinafter "Agreement") is entered into by and between the
City of Ashland, an Oregon municipal corporation (hereinafter "City") and XXXXXXXXX, a domestic
professional corporation or limited liability company ("hereinafter "Consultant"), for (description of
services to be provided.).
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City and
Consultant hereby agree as follows:
1. Effective Date and Duration: This Agreement shall become effective on the date of execution on
behalf of the City, as set forth below (the "Effective Date"), and unless sooner terminated as specifically
provided herein, shall terminate upon the City's affirmative acceptance of Consultant's Work as complete
and Consultant's acceptance of the City's final payment therefore, but not later than XXXXXXXXX.
2. Scope of Work: Consultant will provide (description of services to be provided) as more fully set forth
in the Consultant's Proposal dated XXXXXXXXX, which is attached hereto as "Exhibit X" and
incorporated herein by this reference. Consultant's services are collectively referred to in this Agreement
as the "Work."
3. Compensation: City shall pay Consultant the sum of $XXXXXXXX (this amount may be an hourly
rate OR a lump sum - write out amount in long form here, e.g. two hundred thousand and eighty-
five dollars) as full compensation for Consultant's performance of all Work under this Agreement. In no
event shall Consultant's total of all compensation and reimbursement under this Agreement exceed the
sum of $ (write out amount in long form here) without the express, written approval
from the City official whose signature appears below, or such official's successor in office. Payments
shall be made within thirty (30) days of the date of receipt by the City of Consultant's invoice. Should
this Agreement be terminated prior to completion of all Work, payments will be made for any phase of
the Work completed and accepted as of the date of termination.
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4. Supporting Documents/Conflicting Provisions: This Agreement and any exhibits or other supporting
documents shall be construed to be mutually complementary and supplementary wherever possible. In
the event of a conflict which cannot be so resolved, the provisions of this Agreement itself shall control
over any conflicting provisions in any of the exhibits or supporting documents.
5. All Costs Borne by Consultant: Consultant shall, at its own risk, perform the Work described above
and, unless otherwise specified in this Agreement, furnish all labor, equipment, and materials required for
the proper performance of such Work.
6. Qualified Work: Consultant has represented, and by entering into this Agreement now represents, that
all personnel assigned to the Work to be performed under this Agreement are fully qualified to perform
the services to which they will be assigned in a skilled manner and, if required to be registered, licensed,
or bonded by the State of Oregon, are so registered, licensed, or bonded.
7. Ownership of Work/Documents: All Work, work product, or other documents produced in furtherance
of this Agreement belong to the City, and any copyright, patent, trademark proprietary or any other
protected intellectual property right shall vest in and is hereby assigned to the City.
8. Statutory Requirements: The following laws of the State of Oregon are hereby incorporated by
reference into this Agreement: ORS 27913.220, 27913.230 and 27913.235.
9. Living Wage Requirements: If the amount of this Agreement is $22,310.46 or more, Consultant is
required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined
in that chapter, to all employees performing Work under this Agreement and to any Subcontractor who
performs 50% or more of the Work under this Agreement. Consultant is also required to post the notice
attached hereto as `Exhibit B" predominantly in areas where it will be seen by all employees.
10. Indemnification: Consultant hereby agrees to defend, indemnify, save, and hold City, its officers,
employees, and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, or
other damages resulting from injury to any person (including injury resulting in death), or damage
(including loss or destruction) to property, of whatsoever nature arising out of or incident to the
performance of this Agreement by Consultant (including but not limited to, Consultant's employees,
agents, and others designated by Consultant to perform Work or services attendant to this Agreement).
However, Consultant shall not be held responsible for any losses, expenses, claims, costs, judgments, or
other damages, caused solely by the gross negligence of City.
11. Termination:
a. Mutual Consent. This Agreement may be terminated at any time by the mutual consent of both
parties.
b. City's Convenience. This Agreement may be terminated by City at any time upon not less than
thirty (30) days' prior written notice delivered by certified mail or in person.
C. For Cause. City may terminate or modify this Agreement, in whole or in part, effective upon
delivery of written notice to Consultant, or at such later date as may be established by City under
any of the following conditions:
i. If City funding from federal, state, county or other sources is not obtained and continued at
levels sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a
way that the services are no longer allowable or appropriate for purchase under this
Agreement or are no longer eligible for the funding proposed for payments authorized by this
Agreement; or
iii. If any license or certificate required by law or regulation to be held by Consultant to provide
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12.
13.
14.
the services required by this Agreement is for any reason denied, revoked, suspended, or not
renewed.
d. For Default or Breach.
i. Either City or Consultant may terminate this Agreement in the event of a breach of the
Agreement by the other. Prior to such termination the party seeking termination shall give to
the other party written notice of the breach and its intent to terminate. If the party committing
the breach has not entirely cured the breach within fifteen (15) days of the date of the notice,
or within such other period as the party giving the notice may authorize in writing, then the
Agreement may be terminated at any time thereafter by a written notice of termination by the
party giving notice.
ii. Time is of the essence for Consultant's performance of each and every obligation and duty
under this Agreement. City, by written notice to Consultant of default or breach, may at any
time terminate the whole or any part of this Agreement if Consultant fails to provide the
Work called for by this Agreement within the time specified herein or within.any extension
thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided bylaw or under this Agreement.
e. Obligation/Liability of Parties. Termination or modification of this Agreement pursuant to
subsections a, b, or c above shall be without prejudice to any obligations or liabilities of either
party already accrued prior to such termination or modification. However, upon receiving a
notice of termination (regardless whether such notice is given pursuant to Subsection a, b, c, or d
of this section, Consultant shall immediately cease all activities under this Agreement, unless
expressly directed otherwise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all documents, information, works -in -progress and other property
that are or would be deliverables had the Agreement been completed. City shall pay Consultant
for Work performed prior to the termination date if such Work was performed in accordance with
this Agreement.
Independent Contractor Status: Consultant is an independent contractor and not an employee of the
City for any purpose. Consultant shall have the complete responsibility for the performance of this
Agreement. Consultant shall provide workers' compensation coverage as required in ORS Chapter 656
for all persons employed to perform Work pursuant to this Agreement. Consultant is a subject employer
that will comply with ORS 656.017.
Assignment: Consultant shall not assign this Agreement or subcontract any portion of the Work without
the written consent of City. Any attempted assignment or subcontract without written consent of City
shall be void. Consultant shall be fully responsible for the acts or omissions of any assigns or
subcontractors and of all persons employed by them, and the approval by City of any assignment or
subcontract of the Work shall not create any contractual relation between the assignee or subcontractor
and City.
Default. The Consultant shall be in default of this Agreement if Consultant: commits any material
breach or default of any covenant, warranty, certification, or obligation under the Agreement; institutes an
action for relief in bankruptcy or has instituted against it an action for insolvency; makes a general
assignment for the benefit of creditors; or ceases doing business on a regular basis of the type identified in
its obligations under the Agreement; or attempts to assign rights in, or delegate duties under, this
Agreement.
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15. Insurance. Consultant shall, at its own expense, maintain the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence. This is to cover any damages caused by error,
omission or negligent acts related to the Work to be provided under this Agreement.
c. General Liability insurance with a combined single limit, or the equivalent, of not less than
$2,000,000 (two million dollars) per occurrence for Bodily Injury, Death, and Property Damage.
d. Automobile Liability insurance with a combined single limit, or the equivalent, of not less than
$1,000,000 (one million dollars) for each accident for Bodily Injury and Property Damage, including
coverage for owned, hired or non -owned vehicles, as applicable.
e. Notice of cancellation or chanae. There shall be no cancellation, material change, reduction of limits
or intent not to renew the insurance coverage(s) without thirty (30) days' prior written notice from the
Consultant or its insurer(s) to the City.
f. Additional Insured/Certificates of Insurance. Consultant shall name the City of Ashland, Oregon, and
its elected officials, officers and employees as Additional Insureds on any insurance policies,
excluding Professional Liability and Workers' Compensation, required herein, but only with
respect to Consultant's services to be provided under this Agreement. The consultant's insurance is
primary and non-contributory. As evidence of the insurance coverages required by this Agreement,
the Consultant shall furnish acceptable insurance certificates prior to commencing the Work under
this Agreement. The certificate will specify all of the parties who are Additional Insureds. Insuring
companies or entities are subject to the City's acceptance. If requested, complete copies of insurance
policies; trust agreements, etc. shall be provided to the City. The Consultant shall be financially
responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance.
16. Nondiscrimination: Consultant agrees that no person shall, on the grounds of race, color, religion, creed,
sex, marital status, familial status or domestic partnership, national origin, age, mental or physical
disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance
of any Work under this Agreement when employed by Consultant. Consultant agrees to comply with all
applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.
Further, Consultant agrees not to discriminate against a disadvantaged business enterprise, minority -owned
business, woman -owned business, a business that a service -disabled veteran owns or an emerging small
business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10.
17. Consultant's Compliance With Tax Laws:
17.1 Consultant represents and warrants to the City that:
17.1.1 Consultant shall, throughout the term of this Agreement, including any extensions hereof,
comply with:
(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
17.1.2 Consultant, for a period of no fewer than six (6) calendar years preceding the Effective Date of
this Agreement, has faithfully complied with:
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(i) All tax laws of the State of Oregon, including but not limited to ORS 305.620 and ORS
Chapters 316, 317, and 318;
(ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable
to Consultant; and
(iii) Any rules, regulations, charter provisions, or ordinances that implement or enforce any
of the foregoing tax laws or provisions.
18. Notice. Whenever notice is required or permitted to be given under this Agreement, such notice shall be
given in writing to the other party by personal delivery, by sending via a reputable commercial overnight
courier, by mailing using registered or certified United States mail, return receipt requested, postage
prepaid, or by electronically confirmed at the address or facsimile number set forth below:
If to the City:
City Department
Attn: Contract Administrator
Address
Ashland, Oregon 97520
With a copy to:
City of Ashland — Legal Department
20 E. Main Street
Ashland, Oregon 97520
Phone: (541) 488-5350
If to Consultant:
XXXXXXX
XXXXXXXXX
XXXXXXXXX
19. Governing Law. This Agreement shall be governed by the laws of the State of Oregon without regard to
conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall
be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in
federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon.
Each party expressly waives any and all rights to maintain an action under this Agreement in any other
venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its
venue transferred, as appropriate, so as to effectuate this choice of venue.
20. Amendments. This Agreement may be amended only by written instrument executed by both parties
with the same formalities as this Agreement.
21. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently
available and authorized for expenditure to finance the costs of this Agreement within the City's fiscal
year budget. Consultant understands and agrees that City's payment of amounts under this Agreement
attributable to Work performed after.the last day of the current fiscal year is contingent on City
appropriations, or other expenditure authority sufficient to allow City in the exercise of its reasonable
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administrative discretion, to continue to make payments under this Agreement. In the event City has
insufficient appropriations, limitations or other expenditure authority, City may terminate this Agreement
without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no
further liability to Consultant.
22. THIS AGREEMENT AND THE ATTACHED EXHIBITS CONSTITUTE THE ENTIRE
UNDERSTANDING AND AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT,
MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY
UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC
INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS,
AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN
REGARDING THIS AGREEMENT. CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED
REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT HE/SHE HAS READ THIS
AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
23. Certification. Consultant agrees to and shall sign the certification attached hereto as "Exhibit C" and
incorporated herein by this reference.
IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective
names by their duly authorized representatives as of the dates set forth below.
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
CITY OF
-ASHLAND
CITY OF ASHLAND:
e
XXXXXXXXX (CONSULTANT):
IN
Joseph L. Lessard, City Administrator Signature
Date
Purchase Order No.
APPROVED AS TO FORM:
City Attorney
Date
Printed Name
Title
Date
is to be submitted with this signed Agreement)_
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
CITY OF
-ASH LAN D
City of Ashland
LIVING
WA
per hour, effective June 30, 2020.
IWALAfto The Living Wage is adjusted annually every
June 30 by the Consumer Price Index.
➢ For all hours worked under a
service contract between their
employer and the City of
Ashland if the contract
exceeds $22,002.43 or more.
➢ For all hours worked in a
month if the employee spends
50% or more of the
employee's time in that month
working on a project or
portion of business of their
employer, if the employer has
ten or more employees, and
has received financial
assistance for the project or
business from the City of
Ashland in excess of
$22,002.43.
➢ If their employer is the City of
Ashland, including the Parks
and Recreation Department.
➢ In calculating the living wage,
employers may add the value
of health care, retirement,
401 K and IRS eligible
cafeteria plans (including
childcare) benefits to the
amount of wages received by
the employee.
➢ Note: For temporary and
part-time employees, the
Living Wage does not apply
to the first 1040 hours worked
in any calendar year. For
more details, please see
Ashland Municipal Code
Section 3.12.020.
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East Main Street, Ashland, Oregon 97520, or visit the City's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be
seen by all employees.
CITY OF
AS H LAN D
Project No 2021-13 RFP for Professional Engineering Services for the Development TAP Water System Improvements.
CITY OF
-ASHLAND
CERTIFICATIONS/REPRESENTATIONS: Consultant, by and through its authorized representative, under
penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer ID (or is
waiting for the number to be issued to it and (b) Consultant is not subject to backup withholding because: (i) it is
exempt from backup withholding, or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it
that it is no longer subject to backup withholding. Consultant further represents and warrants to City that: (a) it has
the power and authority to enter into this Agreement and perform the Work, (b) the Agreement, when executed and
delivered, shall be a valid and binding obligation of Consultant enforceable in accordance with its terms, (c) the
work under the Agreement shall be performed in accordance with the highest professional standards, and (d)
Consultant is qualified, professionally competent, and duly licensed (if applicable) to perform the Work. Consultant
also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, it is an
independent contractor as defined in the Agreement, it is authorized to do business in the State of Oregon, and
Consultant has checked four or more of the following criteria that apply to its business.
(1) Consultant carries out the work or services at a location separate from a private residence or is in a
specific portion of a private residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are purchased for the
business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one year.
(6) Consultant assumes financial responsibility for defective workmanship or for service not provided as
evidenced by the ownership of performance bonds, warranties, errors and omission (professional
liability) insurance or liability insurance relating to the Work or services to be provided.
Consultant's signature
Date
Council Business Meeting
January 17, 2023
Agenda Item
Election of the Chair of the Council
From
Melissa Huhtala
City Recorder
Contact
Melissa.huhtala@ashland.or.us; (541) 488-5307
SUMMARY
The Chair of the Council is selected each year in January. The Chair's role is to serve as the Mayor if she is absent
or unable to attend to her duties, either pre -scheduled or in an emergency capacity.
POLICIES, PLANS & GOALS SUPPORTED
Ashland City Charter Section 8
PREVIOUS COUNCIL ACTION
Each year, the Council votes one Councilor to become the Chair of the Council.
BACKGROUND AND ADDITIONAL INFORMATION
The Ashland City Charter outlines the procedure for selecting and the responsibilities for the Chair of the Council:
Section 8. Chair of the Council - At the first regular meeting of the Council in January of each year, the
Council shall by ballot elect a Chair of the Council from its membership to serve for one (1) year.
He/she shall, during all times when the Mayor is absent or unable to attend to his/her duties or act in any
matter, have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain
his/her Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are
absent, the Council members present shall elect one of their number as Chair Pro Tem, who shall preside
at that meeting.
FISCAL IMPACTS
None
STAFF RECOMMENDATION
None
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to confirm as Chair of the Council for one year.
REFERENCES & ATTACHMENTS
None
Page 1 of 1
CITY OF
-ASHLAND
Council Business Meeting
January 17, 2023
Agenda Item
Annual Appointment to the Citizens' Budget Committee
From
Melissa Huhtala
City Recorder
Contact
Melissa. huhtala(a)-ashland.or.us; (541) 488-5307
SUMMARY
Appointment of five vacant positions on the Citizens' Budget Committee with one term ending June 30, 2023, two
terms ending June 30, 2024, and two terms ending June 30, 2025.
POLICIES, PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
N/A
BACKGROUND AND ADDITIONAL INFORMATION
Notice was made to the public of these vacancies. Ten applications have been received for consideration
from the following members of the public: Linda Peterson -Adams, Richard Barth, Andy Card, Anne
Cowden, Jeff Dahle, Christine Fernlund, Mike Gardiner, Shane Hunter, Eric Navickas and Leda Shapiro (see
attached applications).
Election process (voting)
1. There are ten (10) applicants to fill five (5) open Citizens' Budget Committee positions.
Returning/continuing members of the Committee include the following:
• David Runkel, June 30, 2023 term ending
• Saladin Amery, June 30, 2024 term ending
2. Elections for identified position/term — ballots will be provided by the City Recorder to the
Mayor and Councilors to select from all applicants for the below listed committee member terms
of office in the sequence indicated. The individual(s) who receive a majority of Mayor and
Councilor votes are selected for appointment. Subsequent votes by ballot will be taken in the
case no individual receives a majority of votes or in the case of a tie. Final appointment of the
selected individuals is made/confirmed by Council motion (see below Action, Options &
Potential Motions section).
First selection ballots: 1 position - June 30, 2023 term ending
Second selection ballots: 2 positions - June 30, 2024 term ending
Third selection ballots: 2 positions - June 30, 2025 term ending
3. The City Recorder will tally the selection votes after each ballot and read the selection results
aloud. Final Mayor and Councilor selection votes and results will be posted on the City website
following the Council meeting.
Page 1 of 2
CITY Of
ASH LAN D
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
N/A
ACTIONS, OPTIONS & POTENTIAL MOTIONS
The following motion will be in order once the final selection votes are tallied and announced by the City Recorder.
I move to appoint the following individuals by term to the Citizens' Budget Committee (names to be inserted in
blank spaces):
REFERENCES & ATTACHMENTS
Attachment 1: Richard Barth
Attachment 2: Andy Card
Attachment 3: Anne Cowden
Attachment 4: Jeff Dahle
Attachment 5: Christine Fernlund
Attachment 6: Mike Gardiner
Attachment 7: Shane Hunter
Attachment 8: Eric Navickas
Attachment 9: Linda Peterson -Adams
Attachment 10: Leda Shapiro
for the term ending June 30, 2023;
and for the term ending June 30, 2024;
and for the term ending June 30, 2025.
Page 2 of 2
CITY OF
-ASHLAND
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala(&ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Richard Barth
Requesting to serve on: Citizen's Budget Committee (Commission/Committee)
Mailing Addres
Physical Address same
Occupation,
Retired
1. Education Background
What schools have you attended? U n ive
Phone: Hom
of Illinois
Work
What degrees do you hold? BS Electrical Engineering MS Computer Sciell
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Private investment background.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? No
3. Interests
Why are you applying for this position?
I believe my background in volunteer
government service will be helpful in working successfully on the city budget.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes; Day is preferred but evenint
5. Additional Information
How long have you lived in this community?
22 years
Please use the space below to summarize any additional qualifications you have for this
position
12 years service on Ashland School District budget committee; served as chair foi
0
member City of Ashland Ad Hoc Committee on AFN approximately 2003-2006
member City of Ashland Ad Hoc Committee on CEAP Implementation 2018
member Climate Policy Commission 2019 - 2022; 1 year vice -chair; 2 years chair
0
Date Signature
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Plca� type or print auswets to the fullowiug questions and submit to the City Rcconict at
City all, 20 E Main Stnoct. or crmail lr�� . •:�.Iiuht.►l., a ashlsnd,uc,u c. If you have any
questions, please feel free to contact the City Recorder at 499-5307. Attach additional
sheen if necm- %dry.
Nan,! Andrew Card
1.
ing to serve on: Citizen's Budget COmmittee (Commission/Committee)
Addrm,
Address
ion Business Owner / Cdnsu tar Phonc: l lome
schools have you attcndod?
degrees do you hold"?
Wort:
Email
Fax - -
t+e.fh�W tY.awa, tV.. Wy. GrnWn Cr#" Ib:wa y. I L•4-8v N r,,.,.t,
S_A. t Businon., Mb3A; 10116:101aster's in International Bitsines5
additional training or Wuo-mion have you had that «ould apply to this posilicm'
2. belated Experience
What prior work experience have you had that would help you if you were appointed to
this position"
I've h$d the opporunity to manage miftintl0iori-War department budgets at a Fodune 100 co(porawn.
lam
nm two bu a wr=em arw an vice president of OW board of d"00.00ts to two boat nonpron>N
tot NW" pisnrrng, MocOng financial resmam. and maintaining fiscal responzbihfy
Du )' u fuel it would be advantageous for you to have further training in this field. such
-is a*-nding conferences or seminars? Whys Not reoewww. bid continuous uaminq
in a tWmi«i11ieW to always advantageous.
3. Intrrest% t have a strong interest in seeing Ashlarx;
Why dre you applying for this position?
thrive and want to use my skill set to help manage the budget and allocate resources wiseyy
4. Mailability
Am you available to attend special meetings. in addition to the regularly sc:hWulcd
mcegngs? Do you prefer day or evening meetings? Yes. I'm avaiL,b le day or evening
�. Additional Information 7 years
I to.v+ lung have you lived in this community`?
Ylcasc use the space below to summarize any additional qualifications you have for this
position
The 3trlity to draw rviisomi d wiKAusions from analysis and synthesis of avadable rntormation-
Cxp eC mth internal Controls to protect the integrity of the organvation and prevent waste.
fraud. and mismanagement, reporting any instances where such problems occur.
Uses material and financial resources prudently:
Complies with responsibilities regarding resource reporting;
I interact professionally, courteously, and competently with all team members,
including persons of other cultures and political beliefs
Ability to recognize patterns or trends in numerical data:
12-16-2022
Datc
Andy Card
SiLinatun
Ag a by AM Can]
nsfr Cp^ to +6 10 Ica; roc+:
WMA,
CITY OF
ASH LAN D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Pica..: type or print am-wers to the following questions and v4b' ut to the City Recorder at
City flall, ?,0 l: Plain Strut, or cinail J..t,� c t i�-a.��b xtn�v� any
questions, please feel free to contact the City RccmkT at 4itlt-5307. Attach additional
shetts if necasary.
Name Dr. Anne Cowden, PhD (Public Administration)
Requesting to serve on: Citizen's Budget Committee
Mailing Addn-ss__________
Physical Address
Occupation Retired Professor Phone: Horne
Work
Email
Fax
1 _ Education Backonnd
What schools have you att,cndcd? Willamette Univeristy, UCLA, USC
What degrees do you hold'? BA, MA, MPA. PhD.
(Coninlission/Committce)
What additional training: or education have you had that %%ould apply to this position?
L Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
1 wm a hud90 mialyst fat dw CaG6exrio Ofrea of dw Leegdatiw As%WrA (LAO) w(nih the CBO was Wtw , *-d altw.
1 lawohK and sW45od Wxfpo6np menu Vmos. 1 haves also corn~ with Mao CA OMCO nn Q.*jag n I%^
Do you feel it would he advantageous for you to have further training in this field, such
as attending conferences or seminars',' Why? One can may$ use more knowledge. —
3. Interests
W'h are you a 1 in for this ? Ian ryr�p n W9W5NV9 the 4"Q KvS Ib *A: C►, Lw.&;,I
� Y PP y S position.
A. Availabitit-.
Are you available to attend special meetings, in addition to the regularly xficduled
inmongs? M) you prrfe,Ir day, or evening meetings'? Yes. Lither. Iw fine. ---
5. Additional Information 4 years.
How• long havc you livcd in this community"
11Icasc use the space below to summatim any additional qualifications you havc for this
position
My fathor was a City Manager. a goal I wished until I reamed that there were no women city rmnagers
in California at the time. I then worked in government and taught
public policy and administration for almost 40 years.
I have consulted with state, local and nonprofit
organizations on many issues. 1 also have sat on the
Board of 12 nonprofit agencies.
11-11-2021
4,
Date si urc ____.._ l `,�
%Wl
CITY OF
-ASH LAN D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala a ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Jeffrey (Jeff) R Dahle
Requesting to serve on:
Mailing Addres
Physical Address
Same
Citizen Budget Committee
Occupation Director of Engineering
1. Education Background
What schools have you attended?
What degrees do you hold?
(Commission/Committee)
Phone: Hom
Wor
Email
Fax n/a
Univ of Oregon,Univ of Phoenix,Southern Oregon Univ
Bachelor of Science, Information Technology
What additional training or education have you had that would apply to this position?
MBA (in progress), Oregon Department of Revenue, Local Budget Law Training - 2020, 2021
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
In addition to over 20 years of senior level management experience in the corporate environment
which includes significant fiscal and budget responsibilities, 1 have owned and operated small businesses
as well as have served as President and CFO/Treasurer of three non-profit organizations.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Absolutely and without question. The best thing an
Wiriduai with a fiduciary and ethical obligation 10 the cortanurMy can do Is to remain curls and Man 10 uatersla" trends, prahclph s and Dear practices
VEMIAS-1
3. Interests As an Ashland native with considerable
Why are you applying for this position?
understanding of the community, as well as financial acumen, problem -solving skills and a collaborative approach, I believe that
my leadership, positive attitude, well-rounded skill set and experience can and will contribute to the city's long-term financial success.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Available as needed/required
5. Additional Information
How long have you lived in this community?
1975-1995, 2010-Present
Please use the space below to summarize any additional qualifications you have for this
position
Ashland Airport Commission, 2020-Present (Elected Commission Chair - 2021, 2022)
6/1
Date
IFFS
IFFAAAMII
CITY :Of
ASH LAN D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala(a,ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Christine Fernlund
Requesting to serve on: Budget Cmte (Commission/Committee)
Mailing Addres
Physical Address same
Occupation
Retired
1. Education Background
What schools have you attended?
Phone: Home -
Work Cell:
Email
Fax
Southern Illinois Univ. BA, Psychology, Learning Theory
What degrees do you hold? Univ. Of Illinois MEd, Special Education
Northwestern Univ. MS, Electrical Engineering, IT
What additional training or education have you had that would apply to this position?
2. Related Exverience
What prior work experience have you had that would help you if you were appointed to
this position?
budget &, financial planning, business process re -engineering, root cause analysis
ROLM, IBM, Siemens AG
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why9 not necessarily
OWWAIFSI
3. Interests
Why are you applying for this position?
I believe I have something to offer and I have been successful working
in a team environment with conflicting priorities.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes, I am available. Either daytime or evenings work for me.
5. Additional Information
How long have you lived in this community?
12 years
Please use the space below to summarize any additional qualifications you have for this
position
6/Zs/2o22
Date
:'31
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala(dashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Mike Gardiner
Requesting to serve on: Citizens' Budget Committee (Commission/Committee)
Mailing Address
Physical Address same
Occupation retired Phone: Home
Work
Email
Fax
1. Education Background
What schools have you attended? University of Evansville
What degrees do you hold? Bachelor of Science/Business Administration
What additional training or education have you had that would apply to this position?
40 years of business management, accounting, financial planning, budgets, HR, personal management and
strategic planning.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Budget creation, budget forecasting, manpower planning, corporate planning and production management.
APRC operations budget management, CIP budget review and approval, personnel performance
reviews, land acquisitions, yearly goal -setting, organizational prioritizing and budget forecasting.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Additional training is always welcomed. I have gone
through several public training processes. In this case I believe that I have the necessary training for this position.
PFFAMAMOI
3. Interests I am committed to promoting a well conceived
Why are you applying for this position?
city budget that is fairly vetted by the citizen's committee. I have attended most of
Ashland's budget meetings for the past 20 years as either a presenter or an observer.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Prefer the day, but am available for either.
5. Additional Information Since 1986
How long have you lived in this community?
Please use the space below to summarize any additional qualifications you have for this
position
Served for 18 years as an elected Ashland park commissioner. Chair 2006-2010, 2016-2022
Served for 2 years on Ashland's Transportation Commission and worked on the most recent TSP update.
I have lead work groups that have updated the past two Trails and Open Space revisions
to the city's Comprehensive Plan.
Served on Ashland's Planning Commission from 1996-2002. Chair 1999-2002
Current President for the Bear Creek Greenway Foundation Board. Jackson County
Current President for the Ashland Parks Foundation Board.
10/4/2022 . 1
Date <ignatre
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtalafa�ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Shane Hunter
Requesting to serve on: Citizen Budget Committee (Commission/Committee)
Mailing Address
Physical Address same
Occupation CFO
1. Education Background
What schools have you attended?
What degrees do you hold?
Phone: Home
Work
Email
Fax
Southern Oregon University
MBA and BS in Business Administration, both from SOU
What additional training or education have you had that would apply to this position?
I am a licensed CPA in the state of Oregon. I have attended workshops relating to cash flow strategies, construction planning,
municipal economies, legislative updates, financial statements, municipal accounting/budgeting, and much more.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have created and helped create $100M+ budgets for entities with complex interagency transactions; managed human
resources, recruiting, and labor pools with 100+ union and non -union employees; been involved with six strategic
planning initiatives and implementations; and been immersed in the intricacies of governmental operations for 8 years.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Yes, there are always new regulations and ideas for sound
financial management practices that would help anybody be more effective.
ra,
3. Interests I would like to apply my skills and experience
Why are you applying for this position?
with budgets and financial matters to strengthen the governance in Ashland and
give back to a town that has helped me grow during the past twelve years.
4. Availabilit-v
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes, and I prefer evening meetings.
5. Additional Information 12 ears
How long have you lived in this community? y
Please use the space below to summarize any additional qualifications you have for this
position
I have been vice chair and chair of the Citizen's Budget Committee.
I serve as the budget liaison to the Municipal Audit Committee and was a member of the Cost Review
Ad -Hoc Committee. All of these city committees help me understand our city in greater depth when I
review the recommended budget and think about impacts to our city, our reputation, our employees,
our residents, and our competitiveness as an entity in the region. I serve on other local boards
and committees in various capacities that all point toward one goal: to help as many people
as possible thrive and achieve happiness.
06- -,/Z v/ z(
Date
Signature
CITY OF
-AS Ff LAN D
APPLICATION FOR APPOINTMENT TO
CITY COMM ISSION/COMMITT> k..
rlc�m type or print answers to the rollowing questions and submit to the City Recorder at
('i�, Hail, 20 I; Main Strut, or email t„c i.,, i„� ,;:st,r':: .(.i.,,t�i chr.u:. If you have any
yudstions. please feel free to contact the City Recorder at 488-5"307. Attach additional
sht;ets if ncccssary.
Name Eric Navicl
Requesting to serve on: CitizenBudgetConvnittee (('ummissiartr(:ammittcc)
Mailing Address
Address (same)
on Farmer/Designer
I
1. 1F duration Bach round
%k but schtx►ls have you attended?
Wiwi degrtcs do you hold?
Phone: I lo.
Worst (same)
[avail
Fax WA
University of Orcyon
t:taChekx of Architecture
What additional training or education have you had that would apply to this position?
11 previously Wrved on Me BtKkjet Gomrnfte as a Gty Gounpi atn have a thoroWh w6mmari*V ot
_et pnocew and budgetary reafities faced by tw city,
2- Rehted E:nerience
What prior work experience have you had that would help you if you were appointed to
this �osition?
As a Grnall bu,inx 5 owner, I haw exionsivu experencc; with fiis ai n wiaganx,nt ana budgerxy
Do 3 ou teel it would be advantageous for you to have further training in this field, such
as atlaWing conferences or seminars? Why? Yes, addWnW training 0 always ber*fkxat
Cep
3. 'tntcrests I believe m
Why are you applying for this position-?Y experience would be an t
to Vw proccess and add to the breath of citizens who make up the committee
4. Availahility
Arc you available to attend spacial meetings, in addition to the regularly scheduled
meetings? to you prefer day or evening mcxtings? Yes, rsw"06rng my s�. t prefer o%wwngs.
5. &ldditionallnformation
I110 � long have you lived in this community? 30+ Years
Plefie use the space below to summarize any additional qualifications you have for this
Committed to tending solutions to Ashland's long term budgetary needs that strive for equity,
ensure fiscal stability, protect services, and rtrspFIct the community investment in quairly intrastnx true.
12/2912022Datc
Si gnat
i
CITY OF
-1SHLAND
APPLICATION FOR APPOIN,irMENT TO
i
CITY COMMISSION/COMMITTEE
i
Pktise type or print answers to the following questions and submit to the City RcAmrder at
Cite Nall, 20 E Main Street, or email n�r},�,::.��4n�.�1;��, J..}kland.Uf.U., If you have any
questions, please fret free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Linda Peterson Adams
Requesting to serve on: _Citizens Budget Committee _ (Commission/Committc c)
Mailing Address_
Physical Address
oc4upatlip Red 11xmc: liomc�� _
Work
Email - —
i Fax -
1. FAucation Background
Wli*t schools have you atterxled? See attached street
Wh*t degrees do you hold?
1
W hctt additional training or education have you had that would apply to this position?
2. Related F:Ynerience
What prier work experiencc hay c you had that would help you if you weer appointed to
this position?
Do v lu feel it would he advantageous for you to have t'urther training in this field. such
as attending conferences or sitninars? Why?
Vr,
3. Uter+ests
W v arc you applying for this position?
4. Availabilio.
Are you available to attend special meetings, in addition to the regularly schedulcd
meetings? Do you prefer day or evening meetings?
1
5. Additional Information
Ho long have you lived in this community?
Pl use the space below to summari:7c any additional qualifications you have for this
position
Signatut+c
Ir,
Application for City of Ashland Citizens Budget Committee
Linda Peterson Adams
Occupation
Retired Gardener and Educator
Field Director. Commrttee to Elect Jeff Golden
Curfenf`Community Volunteer
Ashland Food Project Board
Be The Change Rogue Treasurer
Ashland Climate Collaborative. Streets For Everyone Steering Committee
Alternate Filer for Pam Marsh for Oregon and Committee to Elect Jeff Golden
Educational Background
University of California Berkeley BA Political Science
University of Pennsylvania ABD(Master's Equivatency)Political Philosophy
Chestnut Hill College Secondary Teaching Certificate
My spouse and I moved to Ashland from Eugene in September of 2011. 1 have tk'c;n on the
Transportation Commission since April of 2019, but have been involved with City issues around
transportation and land use planning as soon as I set foot outsrde my door on Oak Street
Betore I became a commissioner, I was involved wrth attending numerous City Council,
Transportation. Housing and Human Services, Planning Commission meetings and public
engagement events such as The Downtown Parking and Multi -modal Study, the East Nevada
Street Bridge Project, and the UPRR Cleanup discussions I was also part of Ashland Citizens
for Transit, which advocated for an electric shuttle and electrifying transit in our community. The
group was instrumental during the Transit Feasibrldy Study that gave rise to RVTD implementing
The Ashland Connector. In addition, I watched every Citizen Budget Committee meeting.
As a Commissioner, I have developed a thorough understanding of how capital improvement
projects are developed and funded, how systems development charges are spent and assessed
and the importance of grant funding.
As we have transitioned to the City Manager torm of government, it will be all imDortant that
citizen involvement with the next biennium budget is comprehensive and studied. I am
encouraged that the City has formed a vision, will hold a town hall to discuss that vision,
and conducted a Crtrzen survey this will help the Budget Committee review the City
Manager's Budget to see if the pnonties uncovered are " consistent with the service priorities of
the Mayor and Gouncir and to "ensure expenditures do not exceed revenues"
My compensation for the hours I expect to spend and have spent in my work for the City is in
the fulfillment 1 have by serving the community I love.
I hereby submit my application for a four year term on the Citizens Budget Committee.
Linda Puterson Adams 1/1/2023
CITY OF
-AS H LA N D
APPLICATION FOR APPOINTMENT TO
CITl' COMMIC�SION/C'ONLNIITTEE
Please type or print answers to the following questions and submit to the City Recorder at
C14- I tall, 20 E Main Street, or email "KAl .:, br, i 1.1-sLici,1 ,xt t t u. If you have any
questions. please feel free to contact the City Recorder at 488-5307 Attach additional
Sheets if necessary.
Narhe Leda Shapiro
Requesting to serve cm- Budget Committee _ (Cummi.-i(xtlComrnittee)
%lailim, Address
Ph4"slcal Address Same
Gc pation Retired _ Phone: Home -
Work
Email
Fax1. Education Background —`-
What schools have you attended'? NYU, L A City Co" Ca0ate LA.
What degrees do you hold" AA BA
Whit additional training or cducatuv. have you had that would apply to this position'?
A4vaixW AOCOuntir'9 class. Ccxlerenen en i i Frnaroal s4crns
2. Related Exncricnce
What prior u-ork erpcnence have you had that xi ould help you it ycnr were appointed try
this position'
Deri der of Frnanor. Af SCME COtmcal 36 - LOS AA90ki s- Fnoos on Budq .t.rx
C,rec pr Of FinanY n
. I-Vward Bounce House- non protd, vansitionai HAurino- Fo,s DudgWit. H1 rn
grants, LAHumirn3 Authonty Grant budgets
Do vier feel it would be advantageous for you to have further training in this field. such
as attendins; c:onfcrences or seminars? «'ltc-'
I do not tnittis I need any addaiottal trainsrx at this ti".
WMA—M,
3. Interests
Why arc you apPlvink* for this lwsition''
l.Y'%Wrq ps—. rr'4Js 4 KY�"Y MsCJ •1h Gi:16'I1
I know what nopds to be done to be ablo to d() budgets ttyat are in 1". with our values
d Availability
Are ym as ailahle to attend special meetings, in addition to the regularly scheduled
meutins,N" Do you prefer day or evening meetings° _
I am available. Daytime is preferable but evening can be arranged.
Additional Information I have lived here for over a year.
1 tow long have you lined in this community
Please use thr space below to sununarize any additional qualifications vo+i have for this
Position
Ew_!otr I movea ".re I an up many ernes m 20 pus years arld 010 budget researdi more ntov.ng
Council Business Meeting
January 17, 2023
Agenda Item
City of Ashland Communications
Sabrina Cotta
Deputy City Manager
From
Dorinda Cottle
Communications Officer
Contact
Sabrina.cottagashland.or.us 541-552-2106
SUMMARY
The City has been without a fulltime general communications person since September 2017. The City
has a Communications Plan that was developed in 2010 and needs revitalization.
Until recently, the Parks and Recreation Department has been the only City department with a dedicated
communications FTE staff person. As of August 2022, Parks & Recreation and City Management share
the one (1) FTE, approximately 50150. The position is supervised by Parks and Recreation with work
also assigned as needed by City Manager's Office. The FTE is funded by the General Fund and monies
from TOT (Transient Occupancy Tax).
BACKGROUND AND ADDITIONAL INFORMATION
Current Communication Status
City communications is provided as follows using the below listed types and modes of communication:
• Parks & Recreation information is provided to the public on a scheduled or regular recurring basis
per seasonal recreation programs or parks activity basis
• General City information is provided to the public on a response need or on -demand basis
• Communication funding may also be located in line items of department's operating budgets for
items such as planning notices, public meeting notices, etc. that are department specific
communications
Tunes of Communication
o News releases
o Social media posts
o Monitoring and responding to the City's new Q & A feature, "Let Curiosity Be Your Guide"
o Website updates to offer general and clear communication
Modes of Communication
o City Website
o Social Media (Facebook and Twitter)
o Local Media
o Signage
o Email (internal and external)
Pagel of 3
CITY OF
ASH LAN D
General Communication Accomplishments
The following has been accomplished since August 2022:
• Vision & Values adopted by Council in summer 2022 — Signage for the new Vision & Values
developed and posted in City workplaces and public access points. The Vision and Values
statements are posted on the City website and have been posted on the City social media platforms,
Facebook and Twitter
• In celebration of the newly adopted Vision & Values statements, the City is revitalizing its brand and
creating a VALUE brand for the City of Ashland that includes refreshed logo variations, new color
scheme, new fonts and a new tagline, "Better Together!" The new look is unified with the Ashland
Chamber of Commerce and Travel Ashland and highlights the partnership between the entities and
recognizes that the City is "Better Together." The new tagline signifies how we can work and play
together, engage, listen and strengthen relationships and partnerships
• "Let Curiosity Be Your Guide," new Q & A feature on the City website
• Procured nearly 50 iconic Ashland photos to be used in communications, the new City website and
in OpenGov to help tell our story (OpenGov is an online platform that allows the City to share
budget data effectively with transparency and accountability)
• Development of community partnerships and collaboration with organizations like the Ashland
Chamber of Commerce and Travel Ashland
• Issued news releases on demand or as requested by City Management
RECOMMENDATIONS & PRIORITIES
The potential to do more for general City Communications, externally and internally, is strong and
exceeds 1.0 FTE. Opportunities to engage with the public and staff are not being taken advantage of due
to time constraints. Potential communication workplan items include the following:
CITY PRIORITIES AND BUSINESS UPDATES
• Use social media, City website and other modes of communication to inform/update the
community on City policy and budget topics
• Investigate Strategic Initiatives on the OpenGov informationibudget transparency tool —
Community priorities/goals can be highlighted in OpenGov and tagged to a budget line item.
This allows the City to report on the priorities later. For example, if a priority/goal is `safer
streets in Ashland,' we could highlight, and tag, the purchase of a K-9 unit, or body cameras
• Assist, in general, to tell the City's story on OpenGov with inviting text and pictures
• Develop surveys/polls as needed on OpenGov via their platform Community Engage
• Draft a social media policy recommendation for consideration by the City Council
• Internally create a monthly communications report that will culminate into an annual
communications report
• Internally create and maintain a Strategic Communications & Marketing Plan for the City
COMMUNITY CONNECTIONS
• Revive the City Newsletter for City website posting and/or to incorporate into the City Utility
bill (include information about the City budget in newsletter)
• Develop new City website
• Increase engagement on social media, and set up an Instagram account for the City, and consider
NextDoor
Page 2 of 3
CITY OF
-ASH LAN D
• Reinstate Team Ashland to inform the community on City services and promote volunteer
opportunities
ECONOMY & TOURISM
• Link City and community activity information with Travel Ashland and other community partner
websites/social media to promote a consistent community brand/message
• Create a City Calendar for Ashland and community partners. The goal is to let citizens and
tourists know what there is to do in Ashland real-time
• Work to develop Ashland as not only a destination, but a basecamp to take in all that there is to
do in Southern Oregon
EMERGENCY MANAGEMENT
• Help develop an updated Emergency Management Plan to anticipate potential risks and prepare
for expedient and accurate communications during a crisis. The plan would assure timely,
coordinated and consistent communication with Ashland households, businesses, public
organizations and visitors
• Engage in emergency operations trainings for crisis communications
EMPLOYEE RELATIONS
• Develop a City Communication Guide for internal organization/employee use to ensure brand
use consistency and recommend training or guidance where needed
• Use news releases, City website, social media and a revived City Newsletter to promote
community awareness of City services, recognize the work of staff and build community pride.
Examples include:
o Chris Chambers' trip to Spain to teach about fuels reduction
o The Fire Mitigation Plan set for the City Electric Department
o Stories honoring/recognizing those who serve on Committees/Commissions
The Communications person is currently working as time allows on developing the internal City
Communication Guide that will outline design and brand guidelines for the City. The timeline is to have
this in place the first quarter of 2023. The goal is to ensure brand consistency.
The above workplan items could be undertaken with one (1) Communications FTE for the City, in
addition to a limited contracted marketing consultant, to also assure current department marketing
efforts maintained. If communication resources are increased in the next biennium, a Strategic
Communications & Marketing Plan will be developed. The plan will connect and promote Council
priorities/goals with the Citizens of Ashland, support the City's Vision & Values and increase awareness
about City services by providing modes of regular, clear and transparent communication. In addition,
the plan will provide internal communication strategies with staff and create a culture that is supportive
and inclusive. The plan will strive to continue to cultivate relationships with stakeholders and encourage
two-way communication.
Page 3 of 3
CITY OF
-ASH LAN D
Council Business Meeting
January 17, 2022
Agenda Item I Biennium 2023-2025 Budget Calendar and Protocols
From I Sabrina Cotta I Deputy City Manager & Acting Finance
Director
Contact Sabrina.cotta i,ashland.or.us 541-552-2106
SUMMARY
There will be several study sessions in the upcoming months to review the current economic and financial condition
of the City. These will be followed by Citizens' Budget Committee meetings to review department missions,
workloads, resources, and projected funding needs, primarily focused on General Fund operations. Staff proposes
the following meeting dates, times and topics for the Citizens' Budget Committee. The Budget Committee is
currently scheduled for its meetings in the City Council Chambers.
Citizens' Budget Committee
Enterprise/Other Funds
1. April 27th — 3:00pm-5:00pm; Enterprise/Other Funds Overview
General Fund
2. May 4th — 3:00pm-5:00pm; Administration and Finance
3. May l lth — 3:00pm-S:00pm; Innovation & Technology and Public Safety
4. May 18th — 3:00pm-5:00pm; Parks & Recreation, Community Development and Public Works
5. May 25th — 3:00pm-5:00pm; Final Questions/Answers & Deliberations if Needed
City Council Budget Adoption
1. May 23`d — Notice deadline for budget ordinances
2. June 6th — City Council Business Meeting, regular 6:00pm-9:30pm meeting time
First reading, adoption of budget and necessary tax ordinances/resolutions
3. June 20 — City Council Business Meeting, regular 6:00pm-9:30pm meeting time
Second reading, final adoption of budget and necessary tax ordinances/resolutions
POLICES, PLANS & GOALS SUPPORTED
To ensure on -going fiscal ability to provide desired and required services at an acceptable level.
PREVIOUS COUNCIL ACTION
Each Biennium, Council must adopt a balanced budget in which funding sources equal or exceed uses.
BACKGROUND & ADDITIONAL INFORMATION
State law provides the specific requirements for public participation in the budget process through public hearings
and the Citizens' Budget Committee. This calendar provides time between regularly scheduled City Council
meetings for the Mayor, Councilors and appointed Committee members to submit questions and staff to prepare
Page 1 of 2
CITY Of
-AS H LA N D
detailed and complete written responses. Written questions may be submitted to Alissa Kolodzinski
(alissa.kolodzinskikashland.or.us). Please submit questions at least three (3) business days prior to the next
Citizen's Budget Committee meeting to ensure adequate time to gather information and provide a written response.
Please refer to Ashland Municipal Code section 2.04.040 Conduct of Meetings and 2.04.080 Conduct with City
Employees for information regarding City meeting protocol and conduct.
In accordance with State law, Citizens' Budget Committee is asked to:
• Receive the proposed budget and budget message.
• Hold one or more public hearings following the presentation of the proposed budget; providing citizens the
opportunity to comment prior to Council adoption of the budget.
• Recommend the budget for approval and set the ad valorem property taxes.
FISCAL IMPACTS
None
STAFF RECOMMENDATIONS
Staff recommends that Council accept the budget calendar for the Biennium (BN) 2023-2025 Budget process.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to accept the budget calendar for the BN2023=2025 Budget process.
REFERENCES & ATTACHMENTS
Public Budget Calendar for informational purposes
AMC Section 2.04.040 Conduct of Meetings
AMC Section 2.04.080 Conduct with City Employees
Page 2 of 2
CITY Of
-ASHLAND
.�k Budget Calendar
JANUARY/FEBRUARY
• Mayor and City Council to set goals and priorities for the upcoming
budget cycle
• Hold department meetings
• Preliminary budget requests submitted to Finance Department
• Appoint electors to the budget committee if needed
FEBRUARY/MARCH
• Budget requests complied and reviewed with City Manager and
departments
• Budgetary constraints/requirements identified/refined
• Personnel services projections completed
APRIL
Final preparation and departmental review of draft budgets
• Final review of current year projected revenue and expenditures
• Finance performs final review, reconciliations and prepares proposed
budget
• Publish notice of meetings
APRIL/MAY
• City Manager present budget message and the budget at first meeting
• Budget committee discusses, receives public comment, deliberates and
approves the budget to City Council
• Budget is updated to reflect budget committee changes
• Discuss the Capital Improvement Plan (CIP)
Financial Summary and Notice of Hearing are prepared and published
• Budget committee meetings - April 27, May 4, 11, 18 & 25
JUNE
• City Council passes resolution for state revenue sharing eligibility and
proposed uses
• City Council holds budget hearing the adopts the budget resolutions,
makes appropriations, and declares tax rate and bond levies
• City Council Adopts CIP
i.
rJU
LY
• Adopted budget goes into effect July 1
• Budget and property tax certification submitted to County by July 15
:AUGUST thru remainder of biennium
• Monitor and analyze budget versus actual with each department
• Adjust appropriations as appropriate
Transfer appropriations when necessary
2.04.040 Conduct of Meetings I Ashland Municipal Code
2.04.040 Conduct of Meetings
1 of 5
A. Quorum. As provided in Article Vill, Section 4 of the City Charter, four (4) Councilors, or the Mayor and not less
than three (3) Councilors, constitute a quorum. If the Council members present do not constitute a quorum, the
members present may adjourn or a majority of the members in attendance may direct staff to notify the absent
members, except those known to be unavoidably detained, that their presence is required to enable the Council to
proceed with business.
B. Attendance by Electronic Communication. Except in the event of a suspension of rules pursuant to AMC
2.04.010.E, members of the City Council may not attend or vote at public meetings by means of telephone or other
electronic communication. The rules on meeting procedures and Council actions shall otherwise remain in effect
notwithstanding any such suspension of rules to allow for attendance by electronic communication.
C. Council Deliberation.
1. Presiding Officer. The Mayor, or, in the Mayor's absence, the Chair of the Council, shall be the presiding
officer at the meetings of the City Council. In the absence of these officers at any meeting, the Councilors
present shall appoint a Chair pro tem to serve temporarily as presiding officer and proceed with the meeting.
The presiding officer may not vote on appeals from decisions made while acting as presiding officer. The Chair
of the Council or Chair pro tem may vote on all other motions, but the Mayor may vote only as provided in
Article IV, Section 3 of the City Charter.
2. Deliberation Rules. The presiding officer shall ensure that each Council member has the opportunity to
speak on each issue before the Council. Councilors must ask the presiding officer to be recognized. Unless
otherwise permitted by the presiding officer, no member may speak more than once on an issue and may do
so only after every other member has spoken on or declined to address the issue. Time limits may be set on
topics by the presiding officer or by a consensus of the Council. Council members, as well as members of the
public speaking on Council agenda items, shall confine their remarks to the question under deliberation, avoid
redundancy, speak only for themselves, and make no negative personal remarks or comments about the
motives or personal traits of others.
3. Decorum. The presiding officer shall be responsible for ensuring order and decorum are maintained.
Except by permission of the presiding officer, a Councilor shall address any remarks to the Council, and not to
the audience. Any person's failure to abide by the presiding officer's instructions constitutes "disruption of a
lawful assembly" as provided in ORS 166.02S(1)(c) and may be cause for the presiding officer, or a majority of
the Councilors, to direct a City official to remove the person from a Council meeting. Disruptive behavior
includes engaging in violent, intimidating or distracting actions or gestures, making loud or disruptive noise,
using loud or disruptive profane language, making negative personal remarks or comments about the motives
or personal traits of others, and refusing to obey an order of the presiding officer. Signs are not permitted and
will be considered disruptive. A direction or order of the presiding officer may be challenged by a point of
order as set forth in subsection C.4.b(1) of this section.
4. Motions and Permissible Intervening Actions.
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code Page 2 of 5
a. Councilor Actions during Debate. No motion or intervening action shall be received or recognized by
the presiding officer when a question is under debate, except for the ten secondary motions and
intervening actions listed below. The disposition of any motion or action listed below must occur before
consideration of any other action lower on the list.
(1) Point of order, request for information, or objection to consideration of a matter;
(2) Motion to adjourn;
(3) Withdrawal of a motion;
(4) Motion to lay the matter on the table;
(5) Motion to divide a motion under debate;
(6) Motion to refer;
(7) Motion to call for the previous question;
(8) Motion to postpone to a certain time;
(9) Motion to postpone indefinitely;
(10) Motion to amend.
b. Permissible Intervening Actions While a Speaker Has the Floor.
(1) Point of Order. Any member may interrupt a speaker who has the floor to raise a point of order if
meeting protocol appears to have been broken. The point of order must be addressed to the
presiding officer and may not be addressed directly to the speaker. The speaker must immediately
cease speaking, and the issue identified in the point of order must be resolved before business
continues. No second is required, and no debate is allowed on the point of order. The presiding
officer may seek clarification on the point of order from its maker, from the speaker who had the
floor when it was made, or from the Parliamentarian. Before proceeding further, the presiding officer
must sustain or overrule the point of order or submit it to Council decision by majority vote with no
debate. A member who disagrees with the presiding officer's decision to sustain or overrule a point of
order may move immediately following a ruling by the presiding officer to overturn it. The motion to
overturn a ruling on a point of order may not be debated, and the presiding officer may not vote on
it. Approval of the motion requires a majority of affirmative votes; the motion fails in the event of a tie
vote.
(2) Request for Information. Any member may interrupt a speaker who has the floor to seek
permission to make a request for information from the speaker or from staff or invitees with
expertise on the subject under discussion. The request must be addressed to the presiding officer
and may not be addressed directly to the speaker. The speaker must discontinue speaking until the
request for information has been denied or satisfied. No second is required, and no colloquy is
allowed on the request for information, except to the extent specifically set forth herein. The
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code
Page 3 of 5
information sought must concern either the subject under discussion or meeting procedure rules.
The presiding officer may ask the requestor for a statement of the nature of the information sought.
Neither a request for information nor a statement of the nature of the information sought may
contain statements of fact unless they are necessary to make the request intelligible and must not
contain arguments. Upon inquiry from the presiding officer, the person who had the floor when the
request for information was made has sole discretion whether to temporarily relinquish the floor to
allow the requested information to be provided. An objection to apparently superfluous requests for
information may be made through a point of order.
(3) Objection to Consideration of a Matter. A member who contends a matter about to be discussed is
irrelevant or for any other reason not advisable to consider, may object to consideration of the
matter. The objection may be made before or after another member has been assigned the floor, but
only if debate has not yet begun and none of the motions in subsection C.4.a of this section has been
made. An objection to consideration of a matter does not require a second and is not debatable or
amendable. Immediately after the objection is made, a vote on sustaining the objection must be
taken. The objection fails unless at least two-thirds of the Councilors present vote to sustain it.
c. Main Motion. A main motion is a proposed action that brings business before the Council when no
other motion is pending. The actions listed in subsection C.4.a of this section may be undertaken while
the main motion is pending, and, if passed, may affect the Council's consideration of the main motion. A
main motion requires a second, is amendable and debatable, and passes upon a majority vote in favor.
d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the remaining unfinished
business to the agenda of the next regular meeting or study session. It requires a second, is not
debatable or amendable, and passes upon a majority vote in favor.
e. Withdrawal. A motion maybe withdrawn by the mover at anytime before an amendment is made to
it or, if no amendment is made, before a vote is taken on it. Withdrawal of a motion does not require a
second, and debate of a proffered withdrawal is not allowed.
f. Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a proposal to suspend
consideration of a main motion and all pending related motions until later in the same meeting in order
to deal with another matter that has come up unexpectedly and which must be dealt with before the
pending motion can be properly addressed. A motion to lay a matter on the table requires a second, is
not amendable or debatable, and passes upon a majority vote. Before the meeting adjourns, a
subsequent nonamendable, nondebatable motion may take the matter from the table if seconded and
passed by a majority vote in favor. If the meeting adjourns without considering the tabled item, it will be
continued to the next regular meeting or study session in accordance with AMC 2.04.030.E.
g. Division of a Motion. Any member may move to split a motion under consideration into two or more
independent motions that are taken up in sequence. Each new motion is debated, possibly subjected to
secondary motions, and voted upon before taking up the next part. The mover may designate in the
motion the order in which the parts are considered. The motion requires a second, is amendable, is not
debatable, and passes upon a majority vote in favor.
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code
Page 4 of 5
h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or another body for
further study and possible recommendations to the Council. The motion requires a second, is debatable
and amendable, and passes upon a majority vote in favor. Any proposed amendments to a main motion
on the referred matter that are pending at the time are also referred.
i. Previous Question. A motion to call the previous question is a proposal to end debate on a pending
motion. It precludes all amendments and debate on the pending motion until it is decided. The motion to
call the previous question is not debatable or amendable and requires a second and a two-thirds vote in
favor.
j. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a particular future
meeting, requires a second, is debatable and amendable, and passes upon a majority vote in favor. One
function of this motion can be to continue consideration of an agenda item at a designated subsequent
meeting.
k. Postpone Indefinitely. A successful motion to postpone a matter indefinitely prevents action on the
matter for the rest of the meeting. It must be seconded, may be debated, may not be amended, and
passes upon a majority vote in favor. The debate may address the substance of the main motion. A
successful motion to postpone a matter indefinitely does not preclude consideration of the matter at a
subsequent meeting if it is properly added to the respective agenda.
I. Amendment. Any main motion and any amendment to a main motion may be amended to add or
omit words. A proposed amendment must be germane, must be seconded, and is debatable if the motion
to be amended is debatable. The amendment passes upon a majority vote in favor. Other amendments
may also be proposed; provided, that they do not nullify the amendments already passed or attempt to
amend a motion to amend a motion to amend.
5. Restatement of Motion. Before a vote is taken on a motion, it must be restated by the presiding officer or
the City Recorder.
6. Voting.
a. When a question or motion is put to a vote by the presiding officer, each Councilor present must vote
for or against the motion unless a majority of the Council excuses that Councilor from so doing. Unless
excused from voting, a Councilor who is present and does not vote for or against the motion shall be
counted as having cast a negative vote. The Mayor can only vote in the case of a tie, and then is required
to vote unless excused from voting by a majority of the Councilors present. If the Mayor fails to vote when
required to do, the Mayor shall be counted as having cast a vote against the motion.
b. A simple majority of the quorum present determines the action on ordinance or resolution and on
most motions. On questions required by City Charter, City ordinances, or applicable provisions of Robert's
Rules of Order Newly Revised to be decided by a two-thirds vote of the Council, approval requires an
affirmative vote of at least four (4) Councilors.
7. Reconsideration. A member who voted in favor of any Council action may move for reconsideration before
adjournment of the meeting at which the action was approved or at the next regular meeting, unless the item
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code
Page 5 of 5
already has been approved or vetoed by the Mayor pursuant to Article IV, Section 3 of the City Charter. The
motion must be seconded, is debatable if the action under reconsideration is debatable, is not amendable,
and passes upon a majority vote in favor. Any member may second a motion for reconsideration. A motion to
reconsider a Council action may be made only once. A vetoed item may not be the subject of a motion for
reconsideration. (Ord. 3192 § 4, amended, 11 /17/2020; Ord. 3100, amended, 2014; Ord. 2947, amended, 12/
18/2007; Ord. 2902, amended, 11/18/2003)
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
Disclaimer: The City Recorder's office has the official version of the Ashland Municipal Code. Users should contact
the City Recorder's office for ordinances passed subsequent to the ordinance cited above.
City Telephone:
..- PublisWixg Couaaty
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.080 Conduct with City Employees I Ashland Municipal Code Page 1 of 1
2.04.080 Conduct with City Employees
The City Council will work with City staff in a spirit of teamwork and mutual cooperation.
A. Councilors may make inquiries of staff to increase their understanding of an issue or action. Councilors should
limit requests for information from staff to questions that may be answered with minimal research. Requests that
require significant staff time or resources (two hours or more) should be directed to the City Manager and must be
approved by the Mayor, City Manager, City Attorney or by a majority vote of the City Council.
B. Written information given by the Mayor, Councilors, City Manager, City Attorney, or City staff, including
materials requested by individual Councilors and the Mayor, generally will be distributed to all Councilors with a
notation indicating who has requested that the information be provided.
C. Individual Councilors should respect the separation between policy -making and administration. Councilors
shall not pressure or direct City employees in a way that could contravene the will of the Council as a whole or
limits the options of the Council. Councilors must not interfere with work performance, undermine the authority
of supervisors, or prevent the full Council from having access to relevant information. Notwithstanding this
paragraph, nothing shall hamper the Council's ability to evaluate the performance of the City Manager or the City
Attorney.
D. The Mayor and Council members should strive not to criticize any person in a public meeting or in public
electronic mail messages. The same expectation applies to City staff in the exercise of their official duties.
Discussions and disagreements should focus on the content of the topic at hand. Nothing should limit a Councilor
or staff person's right to report wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express that concern to
the Mayor, City Manager, or City Attorney. (Ord. 3192 § 6, amended, 11 /17/2020; Ord. 3100, amended, 2014; Ord.
2947, amended, 12/18/2007)
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
Disclaimer: The City Recorder's office has the official version of the Ashland Municipal Code. Users should contact
the City Recorder's office for ordinances passed subsequent to the ordinance cited above.
C lnl�•�i[i ini►d OF -We .
City -• • 4: 1
Code PublisWijq�CotiqLvy
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
Council Business Meeting
January 17, 2023
Agenda Item
Council Liaisons Role Discussion
From
Melissa Huhtala
City Recorder
Contact
Melissa. huhtala(a-ashland.or.us; (541) 488-5307
SUMMARY
This agenda item is to discuss the role of City Council liaisons to City. Commissions, Standing Advisory Committees
and Regional Boards. The attached copy of AMC 2.04.100 delineates the current role of Council liaisons.
Liaison appointments are made by the Mayor per AMC 2.04.100, Section G.
POLICIES. PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
N/A
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
N/A
ACTIONS. OPTIONS & POTENTIAL MOTIONS
N/A
REFERENCES & ATTACHMENTS
Attachment 1: AMC 2.04.100
Page 1 of 1
CITY OF
-ASHLAND
2.04.100 Council Liaisons to City Advisory Boards and Commissions I Ashland Municipal Code Page 1 of 3
2.04.100 Council Liaisons to City Advisory Boards and Commissions
A. Role and Responsibilities of Council Liaisons.
1. The primary role of a Council Liaison is to facilitate communication between the City
advisory body and the Council. A Council Liaison shall be an ex officio nonvoting member
of the advisory body, not a regular voting member, and shall not serve as Chair, unless the
Mayor specifically proposes, and Council approves, the appointment of the Council Liaison
to act in a voting capacity and/or as the Chair to City advisory boards and/or ad -hoc
committees, or unless the Ashland Municipal Code specifically requires the Liaison to serve
as Chair or in a voting capacity. Notwithstanding the above, the Council Liaison to the
Planning Commission shall be considered a nonmember Liaison and not an ex officio
member as regards quasi-judicial matters.
2. City Councilors serve as liaisons to the City's regular and ad hoc advisory bodies and are
expected to represent the full City Council objectively and accurately in interacting with
such entities.
3. City Councilors may attend meetings of the City's regular and ad hoc advisory bodies as
citizens of Ashland. When attending as a citizen, Council members must identify their
comments as personal views or opinions and not as a representation of City Council policy.
B. Attendance. Liaisons should attend regular meetings of the regular and ad hoc advisory
bodies to which they have been assigned as time permits and should make special efforts to
attend meetings in response to specific requests to participate in discussions on topics the
Council may need to be aware of or provide input on. In the event a Council Liaison has
difficulty attending, the Liaison should find an alternate to attend or review the video or other
record of the proceeding. In the event of a continuing scheduling conflict, the Liaison should
ask the Mayor to be reassigned. Liaisons shall not attend quasi-judicial proceedings when the
final appeal or final decision is to or could come before the City Council.
C. Deliberations. The City Council values diversity of opinion. A significant role of an advisory
body is to represent many points of view in the community and to provide the Council with
advice based on a full spectrum of concerns and perspectives. Accordingly, Council Liaisons to
City advisory bodies should not attempt to direct debate, lobby, or otherwise influence the
direction or decisions of any advisory bodies to which they have been assigned. Council
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.100 Council Liaisons to City Advisory Boards and Commissions I Ashland Municipal Code Page 2 of 3
Liaisons are encouraged to field and answer questions as appropriate for an ex officio member
of the advisory body. Undue influence over the decisions of any City advisory body shall be
grounds for removal of a Liaison assignment as set forth in subsection H of this section.
D. Respect for Presiding Officer. City Councilors attending advisory body meetings as Liaisons
shall accord the same respect toward the Chair and other members as they do towards the
Mayor, the presiding officer or each other.
E. Council Information. City Councilors will inform the advisory bodies to which they have been
appointed Liaison about Council agenda items and Council decisions that may be of interest to
the advisory body. Liaisons shall also encourage advisory board members to attend Council
meetings to keep abreast of Council action, policy matters and the activities of the City.
F. Advice on Filling Vacancies The Council Liaison for each advisory body, together with the
advisory body chair and assigned staff liaison, will make recommendations to the Mayor for
appointment of citizens to fill vacancies on their respective advisory bodies.
G. Liaison Appointment Process and Term. The Mayor will appoint Councilors to act as Council
Liaisons to each and every regular advisory commission or board. Councilors interested in a
particular subject area should inform the Mayor of their interest, and the Mayor should take
the expression of interest and/or a Councilor's preference into account when making
appointment decisions. Liaison appointments shall be for a term of one year unless otherwise
expressly stated. Appointments are generally made on an annual basis in January, and the
Mayor shall make an effort to rotate Liaison assignments if there is more than one Councilor
expressing a preference for a specific appointment.
H. Removal from a Liaison Assignment. The Mayor or a Councilor maybe removed for any
reason from a specific Liaison assignment upon a two-thirds vote of the entire Council. (Ord.
3180 § 1, amended, 08/20/2019; Ord. 3100, amended, 2014; Ord. 3002, amended, 02/18/2010)
The Ashland Municipal Code is current through Ordinance 3203, passed November 2,
2021.
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.100 Council Liaisons to City Advisory Boards and Commissions I Ashland Municipal Code Page 3 of 3
Disclaimer: The City Recorder's office has the official version of the Ashland Municipal Code.
Users should contact the City Recorder's office for ordinances passed subsequent to the
ordinance cited above.
City Website: www.ashland.or.us
City Telephone: (541) 488-5307
Code Publishing Company
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
Council Business Meeting
January 17, 2023
Agenda Item
Annual Appointment to the Citizens' Budget Committee
From
Melissa Huhtala
City Recorder
Contact
Melissa. huhtalaCa.ashland.or.us; (541) 488-5307
SUMMARY
Appointment of five vacant positions on the Citizens' Budget Committee with one term ending June. 30, 2023, two
terms ending June 30, 2024, and two terms ending June 30, 2025.
POLICIES, PLANS & GOALS SUPPORTED
N/A
PREVIOUS COUNCIL ACTION
N/A
BACKGROUND AND ADDITIONAL INFORMATION
Notice was made to the public of these vacancies. Ten applications have been received for consideration
from the following members of the public: Linda Peterson -Adams, Richard Barth, Andy Card, Anne
Cowden, Jeff Dahle, Christine Fernlund, Mike Gardiner, Shane Hunter, Eric Navickas and Leda Shapiro (see
attached applications).
Election process Notine)
1. There are ten (10) applicants to fill five (5) open Citizens' Budget Committee positions.
Returning/continuing members of the Committee include the following:
• David Runkel, June 30, 2023 term ending
• Saladin Amery, June 30, 2024 term ending
2. Elections for identified position/term — ballots will be provided by the City Recorder to the
Mayor and Councilors to select from all applicants for the below listed committee member terms
of office in the sequence indicated. The individual(s) who receive a majority of Mayor and
Councilor votes are selected for appointment. Subsequent votes by ballot will be taken in the
case no individual receives a majority of votes or in the case of a tie. Final appointment of the
selected individuals is made/confirmed by Council motion (see below Action, Options &
Potential Motions section).
First selection ballots:
1 position - June 30, 2023 term ending
Second selection ballots:
2 positions - June 30, 2024 term ending
Third selection ballots:
2 positions - June 30, 2025 term ending
3. The City Recorder will tally the selection votes after each ballot and read the selection results
aloud. Final Mayor and Councilor selection votes and results will be posted on the City website
following the Council meeting.
Page 1 of 2
CITY OF
ASHLAND
FISCAL IMPACTS
N/A
STAFF RECOMMENDATION
N/A
ACTIONS, OPTIONS & POTENTUL MOTIONS
The following motion will be in order once the final selection votes are tallied and announced by the City Recorder.
I move to appoint the following individuals by term to the Citizens' Budget Committee (names to be inserted in
blank spaces):
REFERENCES & ATTACHMENTS
Attachment 1: Richard Barth
Attachment 2: Andy Card
Attachment 3: Anne Cowden
Attachment 4: Jeff Dahle
Attachment 5: Christine Fernlund
Attachment 6: Mike Gardiner
Attachment 7: Shane Hunter
Attachment 8: Eric Navickas
Attachment 9: Linda Peterson -Adams
Attachment 10: Leda Shapiro
for the term ending June 30, 2023;
and for the term ending June 30, 2024;
and for the term ending June 30, 2025.
Page 2 of 2
CITY OF
-ASH LAN D
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala(i�ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Richard Barth
Requesting to serve on: Citizen's Budget Committee (Commission/Committee)
Mailing Addres
Physical Address same
Occupation Retired
1. Education Background
What schools have you attended? Un
Phone: Hom
of Illinois
Work
What degrees do you hold? BS Electrical Engineering MS Computer S
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Private investment background.
Do you feel it would be advantageous for you to have fin-ther training in this field, such
as attending conferences or seminars? Why? No
3. Interests
Why are you applying for this position?
I believe my background in volunteer
government service will be helpful in working successfully on the city budget.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes; Day is preferred but evenint
5. Additional Information
How long have you lived in this community?
22 years
Please use the space below to summarize any additional qualifications you have for this
position
12 years service on Ashland School District budget committee; served as chair foi
member City of Ashland Ad Hoc Committee on AFN approximately 2003-2006
member City of Ashland Ad Hoc Committee on CEAP Implementation 2018
member Climate Policy Commission 2019 - 2022; 1 year vice -chair; 2 years chair
0
Date Signature
IF
IF V1
an
I
CITY OF
ASHLAND
APPLICATION 1'OR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Plewk type or print aimwets to tic following yucstiuns and submit to the City Recorder at
Citv 4a1l. 20 E Main Street. or email if yew have any
qucstf ons. please feel free to contact the City Recorder at 499-5307. Attarb additional
sheep if nemary.
Mai
Andrew Card
ng to serve on. Citizen's Budget Comrnittee
Address,
Address
Business Owner / Consuitar
1. Education Back--'ruuud
WN4 schools have you attended?
dfgrccz do you hold?
(CommissionlCommittec)
0
Phonc: I lomr
Work
Ismail
Fax
"Wt ..Aw
B_A t Business, MBA; tAB:Master's in Intematlonal Btrjrwss
additional training or education have you had that would apply to this position?
2. Related Experience
W'ha pnor work cxpericnce have you had that would help you if you were appoinled to
this ha!
1W the opportunity to manage mtdtimi ion- liar department budgets at a Fortune 100 corporatiom
lam
nm two bu*mes:ms and am vme prradem of tw Ward of CUOulo•s rot two ►oral nonpmW
for tx dget plsnrrng, allocaling financial resourcm and maintWning r�sc W mgmn .+Dihty
Du ypu feel it would be advantagcous for you to have further trainingin this field, suet►
as atl -nding conferences or seminars? Whv? Not reccesssry. but oontfnuous tralnirg
in s Itchrowl bold to aalwaya advantxigeous.
3. I terests
-i! -.--. t have a strorxj interest an seeirV Ashtana
Whyarc you applying 1'or this position?
thriv and want to use my skill set to help manage the budget and allocate resources wisWy
4. AvailabilitV
Arc ' ou available to attend special meetings, in addition to the regularly tic hedulcd
mccings? Do you prefer day or evening meeting~? Yes, rm avataWe day or eventng
5. Additional Information 7 years
I locv( long have you lived in this community?
Plea3c use the space below to summarize any additional qualifications you have fi)r this
-Me ability to draw rwsorw4 conclusions from analysis and syntheses of availaW mtormation
Gcptlrwee with internal controls to protect the integrity of the w9anoation And prevent waste,
f=4 and mismanagement, reporting any instances where such problems occur;
Uses material and financial resources prudently;
Coolplies with responsibilities regarding resource reporting;
1 ittt ` act protessionaliy, courteously. and competently with all team members,
including persons of other cultures and political beliefs
to recognize patterns or trends in numerical data-,
12-16-2022
Andy Card
Signat urt:
Doully 3igiW by Andy C.W
!FWAah'i
CRT Y of
ASH LAN D
APPLICATION FOR APPOINTMENT TO
CITy COMM
Plea..w. type or print answers to the following questions and st#xnti to the City Recorder at
City Hall, 20 F Main Strma of crnaif
questions, please feel free to contact the City Recorder at 4M5307. Attacd additional
sheets if necessary.
Naa�c Dr. Anne Cowden, PhD (Public Admini;;trafion)
Requesting to serve on: Citizen's Budget Committee ((:()ntntissionicommittee)
Mailing Address
Physical Address
Occupation Retired Professor
t _ Education Background
What school` havc you attencicxt?
What degrees do you hoki"
Phone: Home
Work
Ernaif_
Em.
Willamette Univeristy. UCLA, USC
SA, MA, MPA, PhD.
What additional training or Wucation have you had that .%ould apply to this position'!
2. Related Experience
What prior work experience have you had that would help you if you were appointc-d to
this lx>citicm?
I W= a budge) arulyst fot Bw Catikxrait Gfficn or the UtW--iatiw lusalyst (1.1G) •A i6h Ow CDG wis tt fllwtRr! attrt.
1 wm+yt4 .r.d nWd:vd .. —y tw..r.. t 1—, 1— --tt-4 —01, mr- r_.n nry�yrs %.,W.Co
Do you feel it would he advantagexxis for you to have further training in this field, such
as attcnefing conferences or seminars'? WhV? One can a"s use more knowleoge.
3. Interests Ias OnfflV"WgarcAPMroamsbtoOrL�diet
Why are you applying for this position?
A. Avaitabilitti
Are you available to attend special meetings, in addition to the regularly scheduled
inec-+tingO Do you prefer day or evening meetings? Yes. Either is fine.
s. Additional Information 4 years.
flow long have you lived in this comnwnityrt
1'Icase use the sfiace Mow to summariiv any additional qualifications you have for this
rwsition
My father was a City Manager. a goal I wished undl I rearved that there were no women city managers
in California at the time. I then worked in government and taught
public policy and administration for almost 40 years.
I have consulted with state, local and nonprofit
organizations on many issues. I also have sat on the
Board of 12 nonprofit agencies.
11-11-2021
Date Sipature
VNI
CITY OF
-AS H LA N D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtalaaashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Jeffrey (Jeff) R Dahle
Requesting to serve on: Citizen Budget Committee (Commission/Committee)
Mailing Addres
Physical Address Same
Director of Engineering
Occupation Phone: Hom
Wor
Email
Fax n/a
1. Education Backtround
What schools have you attended? Univ of Oregon,Univ of Phoenix,Southern Oregon Univ
What degrees do you hold? Bachelor of Science, Information Technology
What additional training or education have you had that would apply to this position?
MBA (in progress), Oregon Department of Revenue, Local Budget Law Training - 2020, 2021
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
In addition to over 20 years of senior level management experience in the corporate environment
which includes significant fiscal and budget responsibilities, I have owned and operated small businesses
as well as have served as President and CFO/Treasurer of three non-profit organizations.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Absolutely and without question. The best thing an
YldWUW wfai 4 fiACWY and ath" obligation to the oommuNty dan do is 0 mm in COMM uid Open to undaMVWft baron, primOn ud beat prows
PP4414-OSI
3. Interests As an Ashland native with considerable
Why are you applying for this position?
understanding of the community, as well as financial acumen, problem -solving skills and a collaborative approach. I believe that
my leadership, positive attitude, well-rounded skill set and experience can and will contribute to the city's long-term financial success.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Available as needed/required
5. Additional Information
How long have you lived in this community?
1975-1995, 2010-Present
Please use the space below to summarize any additional qualifications you have for this
position
Ashland Airport Commission, 2020-Present (Elected Commission Chair - 2021, 2022)
Date
C1TY Of
S H 1L.. !t rl D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala(a,ashland.or.us. if you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Christine Fernlund
Requesting to serve on: Budget Cmte (Commission/Committee)
Mailing Addres
Physical Address same
Occupation Retired
1. Education Backeround
What schools have you attended?
What degrees do you hold?
Phone: Home-
Work Cell:
Email
Fax
Southern Illinois Univ. BA, Psychology, Learning Theory
Univ. Of Illinois MEd, Special Education
Northwestern Univ. MS, Electrical Engineering, IT
What additional training or education have you had that would apply to this position?
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
budget &, financial planning, business process re -engineering, root cause analysis
ROLM, IBM, Siemens AG
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Wh)0 not necessarily
Ate,
3. Interests
Why are you applying for this position?
I believe I have something to offer and I have been successful working
in a team environment with conflicting priorities.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings?
Yes, I am available. Either daytime or evenings work for me.
5. Additional Information
How long have you lived in this community?
12 years
Please use the space below to summarize any additional qualifications you have for this
position
si2si2o22 C�')
Date
IrMA&AII
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email„,eIissa.huhtalaraash land, or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Mike Gardiner
Requesting to serve on: Citizens' Budget Committee (Commission/Committee)
Mailing Address
Physical Address same
Occupation retired
1. Education Background
What schools have you attended?
What degrees do you hold?
Phone: Home
Work
Email
Fax
University of Evansville
Bachelor of Science/Business Administration
What additional training or education have you had that would apply to this position?
40 years of business management, accounting, financial planning, budgets, HR, personel management and
strategic planning.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
Budget creation, budget forecasting, manpower planning, corporate planning and production management.
APRC operations budget management, CIP budget review and approval, personnel performance
reviews, land acquisitions, yearly goal -setting, organizational prioritizing and budget forecasting.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Additional training is always welcomed. I have gone
through several public training processes. In this case I believe that I have the necessary training for this position.
3. Interests
Why are you applying for this position?
I am committed to promoting a well conceived
city budget that is fairly vetted by the citizen's committee. I have attended most of
Ashland's budget meetings for the past 20 years as either a presenter or an observer.
4. Availability
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Prefer the day, but am available for either.
5. Additional Information
How long have you lived in this community?
Since 1986
Please use the space below to summarize any additional qualifications you have for this
position
Served for 18 years as an elected Ashland park commissioner. Chair 2006-2010, 2016-2022
Served for 2 years on Ashland's Transportation Commission and worked on the most recent TSP update.
I have lead work groups that have updated the past two Trails and Open Space revisions
to the city's Comprehensive Plan.
Served on Ashland's Planning Commission from 1996-2002. Chair 1999-2002
Current President for the Bear Creek Greenway Foundation Board. Jackson County
Current President for the Ashland Parks Foundation Board.
10/4/2022
Date ignat re
�_
CITY OF
-ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Please type or print answers to the following questions and submit to the City Recorder at
City Hall, 20 E Main Street, or email melissa.huhtala(F�ashland.or.us. If you have any
questions, please feel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
Name Shane Hunter
Requesting to serve on: Citizen Budget Committee _ (Commission/Committee)
Mailing Address
Physical Address same
Occupation CFO
1. Education Background
What schools have you attended?
What degrees do you hold?
Phone: Home
Work
Email
Fax
Southern Oregon University
MBA and BS in Business Administration, both from SOU
What additional training or education have you had that would apply to this position?
I am a licensed CPA in the state of Oregon. I have attended workshops relating to cash Flow strategies, construction planning,
municipal economies, legislative updates, financial statements, municipal accounting/budgeting, and much more.
2. Related Experience
What prior work experience have you had that would help you if you were appointed to
this position?
I have created and helped create $100M+ budgets for entities with complex interagency transactions; managed human
resources, recruiting, and labor pools with 100+ union and non -union employees; been involved with six strategic
planning initiatives and implementations; and been immersed in the intricacies of governmental operations for 8 years.
Do you feel it would be advantageous for you to have further training in this field, such
as attending conferences or seminars? Why? Yes, there are always new regulations and ideas for sound
financial management practices that would help anybody be more effective.
3. Interests I would like to apply my skills and experience
Why are you applying for this position?
with budgets and financial matters to strengthen the governance in Ashland and
give back to a town that has helped me grow during the past twelve years.
4. Availabilit-v
Are you available to attend special meetings, in addition to the regularly scheduled
meetings? Do you prefer day or evening meetings? Yes, and I prefer evening meetings.
5. Additional Information 12 ears
How long have you lived in this community? y
Please use the space below to summarize any additional qualifications you have for this
position
I have been vice chair and chair of the Citizen's Budget Committee.
I serve as the budget liaison to the Municipal Audit Committee and was a member of the Cost Review
Ad -Hoc Committee. All of these city committees help me understand our city in greater depth when I
review the recommended budget and think about impacts to our city, our reputation, our employees,
our residents, and our competitiveness as an entity in the region. I serve on other local boards
and committees in various capacities that all point toward one goal: to help as many people
as possible thrive and achieve happiness.
06��L� zt
Date
_Z V-/- �c�- -
Signature
CITY OF
AS H LA N D
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Pl type or print answers to the fallowing questions and submit to the City Recorder at
01V Hall, 20 I; Main Street, or email me i-- _, ii � •;.,;:2 , I.;.i ;, ,r_u : if you have an
06stions, please fcel free to contact the City Recorder at 488-5307. Attach additional
sheets if necessary.
N c Eric Navickas
Re4uesting to serve on: Citizen Budget Committee Y (Commission/Committee)
Mailing Address
Ph}�sical Address (saw)
(ac+�upation Farmer/Dest9ner i Phone: 1 im., �
Wort: (sarrie)
Ernail
NIA
1. Education Background
What schools have you attendr d? University of Oregon
What degrees do you hold's EFacncfor of Archdecbrre
What additional training or education have you had that would apply to this position?
I have; previously served on the Bwget C(mrnidtw as a city yr Gvwo and have a thorough undemLvx" Of
the Wdget Process and budgetary rt:ariries faced by the city.
2. kelated Experience
What prior work cxperience have you had that would help you if you were appointed to
this position?
A,, a mall bw4rv= owner. I hark exwmive expereria' with fiscal rrmugiomom and budgQ"
Do %k)u f!el it would he ad%=tageous for you to have further training in this field, such
as attorWing conference or seminars? Why? Yes. addiaonar training a$ always benefiew
3. 'la�retrts t believe m
Why arc; you applving for this position? Y experience would be an asset
to the proccess and add to the breath of citizens who make up the committee
4. 'Availability
Are, you available to attemi special meetings, in addition to the regularly scheduled
moongs? no you prefer day or L%cning mOLtitlgs? Yos, ros{w zng mysct a e. i praler ovo ngs.
S. AdditionxlI— rmation
110 long have you lived in this community? 90+ years
PI tic use the spa= below to summarize any additional qualifications you have for this
pos on
I am committed to toldinig solutions to Ashland's long term budgetary needs that strive for equity,
ensure f>sml stability, protect services, and respect the community investrTwnt in quality infrasmx:turo,
t•r��a
CITY OF
ASHLAND
APPLICATION FOR APPOINTMENT TO
CITY COMMISSION/COMMITTEE
Met= type or print answers to the following questions and submit to the City itecx�rdrr at
City Hail, 20 E Main Strc - or email met„!.,0icht.:1,1 iv .-.hl:in;t.u:.u� If you have
any
gttdstions. please feel free to wntact the City Recorder at 488-5307. Attach additional
sheets if nemsarv.
Name Linda Peterson Adams
Requesting to serve on: _CiitizenS 6Udget COmtrnttee (t ommissionrC'onunittrrj
kbilino Address
Phvsic:d Address
Occlupation Retired -- - Phone:Itomc
Work
Email - Fax —
1. Rducation Background
%% httt schools have vvu atteiided? Sect attached sheet
What degrees do you hold'?
Whitt additional training or education have you had that would apply to this position?
2. 1
What prior work experience ha%c you liml that would help you if you were appointed to
this itasition?
Do p u feel it would he advantageous for you to have further training in this field- such
as attending conferences or seminars? Why?
3. Interests
Wky arc you applying for this position?
4. ;lvailabillh
ArO you available to attend spacial meetings, in addition to the regularly u:hedulcd
mo4tings' Do you prefer day or evening meetings?
5. Additional information
1-low long have )-ou Iivod in this community?
Please use the space below to summad7z any additional qualifications you have ti)r this
7 ton
-- Signature
Application for City of Ashland Citizens Budget Committee
Linda Peterson Adams
OCCupation
Retired Gardener and Educator
Field Director. Commrttee to Elect Jeff Golden
Current Community Volunteer
Ashland Food Project Board
Be The Change Rogue Treasurer
Ashland Climate Collaborative. Streets For Everyone Steering Committee
Alternate Filer for Pam Marsh for Oregon and Committee to Elect Jeff Golden
Educational Background
University of California Berkeley BA Political Science
University of Pennsylvania ABD(Master's Equnralency)Pohtical Philosophy
Chestnut Hill College Secondary Teaching Certificate
My spouse and I moved to Ashland from Eugene in September of 2011. 1 have been on the
Transportation Commission since April of 2019, but have been involved with City issucs around
transportation and land use planning as soon as I set foot outs►de my door on Oak Street
Before Ibecame a commissioner. I was Involved with attending numerous City Council,
Transportation. Housing and Human Services, Planning Cornmission meetings and public
engagement events such as The Downtown Parking and Multi -modest Study, the East Nevada
Street Bridge Project, and the UPRR Cleanup discussions I was also part of Ashland Citizens
for Transit. which advocated for an electric shuttle and electrifying transit in our community. The
group was instrumental during the transit Feasibility Study that gave rise to RVTD implementing
The Ashland Connector. In addition, I watched every Citizen Budget Committee meeting.
As a Commissioner. I have developed a thorough understanding of how capital improvement
protects are developed and funded, how systems development charges are spent and assessed
and the importance of grant funding.
As we have transitioned to the City Manager form of government, it will be all important that
citizen involvement with the next biennium budget is comprehensive and studied. I am
encouraged that the City has formed a vision, will hold a town hall to discuss that vision,
and conducted a Crtizen survey This will help the Budget Committee review the City
Manager's Budget to see it the pnonties uncovered are ' consistent with the service priorities of
the Mayor and Gouncir and to -ensure expenditures do not exceed revenue_:"
My compensation for the hours I expect to spend and have spent in my work for the City is in
the fulfillment I have by serving the community I love.
I hereby submit my application for a four year term on the Citizens Budget Committee.
Linda Peterson Adams 111 /2023
CITY Of
ASHLAND
APPLWATION FOR APPOINTMENT TO
(11TY COMMISSION/C'ONBUTTEE
Please type or print answers to the following questions and submit to the City Recorder at
Cit) 1 Lill, 20 E Main Street, or email rr;4ni h 1; r. 111-i d . if you have any
chic stiors, please feel fret: to contact the City Recorder at 488-5307 Ailach additional
sheet,, if necessan.
Nattte Leda Shapiro
Requesting to serve ern- Budget Committee ^ (CvmntissicxiiContmittee)
Mailiri� 1ddr
Phv-sica! Address same
Occiupavon Retired
I. Education Background
Wh}t schools have you attended'?
I
Whit degrees do you hold"
Phone: Home
Work
Email��
Fax
NYU, L A City C.o" caj&ate LA,
AA, BA
What additional training or cducauor have you had that would apply to this position?
Po; raid A=unsirrg classes, coeftsenoes m IT Financial sy;f£rns
?. -dated Exnerirnce
What prior work experience have you had that uauld hc,p you il'ycru were appc�intad to
this position?
hector or hnanoe• Arscmt: Coastal 36 - Los ArQek?s- Foct son Buagebrg
Director of Finance - I_7Z kvatd Bound Hour nor. 4v0111, eansiWnal Heb,Sma- Fcuxj-- nudsptx, it =n
grants, LAhtuusing Authonty Grant budgets
Do vixt feet it would be advantageous for you to have further training in this field, such
as, atiendit1111 conferences or seminars? NVhv)
I do riot Mink I need any additoonal trainsnrt at this tirrxo
i
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3. l<nt
V1 y are you applying for this position?
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t'riMi�RP�7c rWJ°u+wira�tY,01CJ rR CGtiKi
I ktt�w whal noels to be. clone to be able to Clo tW9e1s that are in Itrw with our values
4 Avai[abilit
Are you a, atlahle to attend special mecangs, in addition to the resgulariv scheduled
mectinsN" Do you prefcr day or cvening moclings'
I am available. Daytime is preferable but evening can be arranged.
�. Additional Information I Io-V ton ) I have lived here for over a year.g livee you lived in this c;communiri
Re 'we use the space below to sununwizc any additional qualifications y(-Ai have for this
position
j
Eworc i mcvee tWe t car, up many times in ?o plus years ana oc t)ucsg t researdi before mov.ng. -
,ttgn2a re
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Council Business Meeting
January 17, 2022
Agenda Item
Biennium 2023-2025 Budget Calendar and Protocols
From
Sabrina Cotta
Deputy City Manager & Acting Finance
Director
Contact
Sabrina.cottaAashland.or.us 541-552-2106
SUMMARY
There will be several study sessions in the upcoming months to review the current economic and financial condition
of the City. These will be followed by Citizens' Budget Committee meetings to review department missions,
workloads, resources, and projected funding needs, primarily focused on General Fund operations. Staff proposes
the following meeting dates, times and topics for the Citizens' Budget Committee. The Budget Committee is
currently scheduled for its meetings in the City Council Chambers.
Citizens' Budget Committee
Enterprise/Other Funds
1. April 27d' — 3:00pm-5:00pm; Enterprise/Other Funds Overview
General Fund
2. May 4d' — 3:00pm-5:00pm; Administration and Finance
3. May 1 la' — 3:00pm-S:00pm; Innovation & Technology and Public Safety
4. May 18d' — 3:00pm-5:00pm; Parks & Recreation, Community Development and Public Works
5. May 25th — 3:00pm-5:00pm; Final Questions/Answers & Deliberations if Needed
City Council Budget Adoption
1. May 23`d - Notice deadline for budget ordinances
2. June 6d' — City Council Business Meeting, regular 6:00pm-9:30pm meeting time
First reading, adoption of budget and necessary tax ordinances/resolutions
3. June 20 — City Council Business Meeting, regular 6:00pm-9:30pm meeting time
Second reading, final adoption of budget and necessary tax ordinances/resolutions
POLICES, PLANS & GOALS SUPPORTED
To ensure on -going fiscal ability to provide desired and required services at an acceptable level.
PREVIOUS COUNCIL ACTION
Each Biennium, Council must adopt a balanced budget in which funding sources equal or exceed uses.
BACKGROUND & ADDITIONAL INFORMATION
State law provides the specific requirements for public participation in the budget process through public hearings
and the Citizens' Budget Committee. This calendar provides time between regularly scheduled City Council
meetings for the Mayor, Councilors and appointed Committee members to submit questions and staff to prepare
Page 1 of 2
CITY OF
-ASH LAN D
detailed and complete written responses. Written questions may be submitted to Alissa Kolodzinski
(alissa.kolodzinskikashland.or.us). Please submit questions at least three (3) business days prior to the next
Citizen's. Budget Committee meeting to ensure adequate time to gather information and provide a written response.
Please refer to Ashland Municipal Code section 2.04.040 Conduct of Meetings and 2.04.080 Conduct with City
Employees for information regarding City meeting protocol and conduct.
In accordance with State law, Citizens' Budget Committee is asked to:
• Receive the proposed budget and budget message.
• Hold one or more public hearings following the presentation of the proposed budget; providing citizens the
opportunity to comment prior to Council adoption of the budget.
• Recommend the budget for approval and set the ad valorem property taxes.
FISCAL IMPACTS
None
STAFF RECOMMENDATIONS
Staff recommends that Council accept the budget calendar for the Biennium (BN) 2023-2025 Budget process.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
I move to accept the budget calendar for the BN2023-2025 Budget process.
REFERENCES & ATTACHMENTS
Public Budget Calendar for informational purposes
AMC Section 2.04.040 Conduct of Meetings
AMC Section 2.04.080 Conduct with City Employees
Page 2 of 2
CITY OF
-AS H LA N D
.� Budget Calendar
JANUARY/FEBRUARY
• Mayor and City Council to set goals and priorities for the upcoming
budget cycle
Hold department meetings
• Preliminary budget requests submitted to Finance Department
• Appoint electors to the budget committee if needed
FEBRUARY/MARCH
Budget requests complied and reviewed with City Manager and
departments
• Budgetary constraints/requirements identified/refined
Personnel services projections completed
APRIL
Final preparation and departmental review of draft budgets
• Final review of current year projected revenue and expenditures
• Finance performs final review, reconciliations and prepares proposed
budget
• Publish notice of meetings
APRIL/MAY
• City Manager present budget message and the budget at first meeting
• Budget committee discusses, receives public comment, deliberates and
approves the budget to City Council
• Budget is updated to reflect budget committee changes
• Discuss the Capital Improvement Plan (CIP)
• Financial Summary and Notice of Hearing are prepared and published
• Budget committee meetings - April 27, May 4,11,18 & 25
JUNE
• City Council passes resolution for state revenue sharing eligibility and
proposed uses
• City Council holds budget hearing the adopts the budget resolutions,
makes appropriations, and declares tax rate and bond levies
• City Council Adopts CIP
JU LY
Adopted budget goes into effect July 1
• Budget and property tax certification submitted to County by July 15
AUGUST thru remainder of biennium
Monitor and analyze budget versus actual with each department
Adjust appropriations as appropriate
Transfer appropriations when necessary
2.04.040 Conduct of Meetings I Ashland Municipal Code
2.04.040 Conduct of Meetings
1 of 5
A. Quorum. As provided in Article VIII, Section 4 of the City Charter, four (4) Councilors, or the Mayor and not less
than three (3) Councilors, constitute a quorum. If the Council members present do not constitute a quorum, the
members present may adjourn or a majority of the members in attendance may direct staff to notify the absent
members, except those known to be unavoidably detained, that their presence is required to enable the Council to
proceed with business.
B. Attendance by Electronic Communication. Except in the event of a suspension of rules pursuant to AMC
2.04.010.E, members of the City Council may not attend or vote at public meetings by means of telephone or other
electronic communication. The rules on meeting procedures and Council actions shall otherwise remain in effect
notwithstanding any such suspension of rules to allow for attendance by electronic communication.
C. Council Deliberation.
1. Presiding Officer. The Mayor, or, in the Mayor's absence, the Chair of the Council, shall be the presiding
officer at the meetings of the City Council. In the absence of these officers at any meeting, the Councilors
present shall appoint a Chair pro tem to serve temporarily as presiding officer and proceed with the meeting.
The presiding officer may not vote on appeals from decisions made while acting as presiding officer. The Chair
of the Council or Chair pro tem may vote on all other motions, but the Mayor may vote only as provided in
Article IV, Section 3 of the City Charter.
2. Deliberation Rules. The presiding officer shall ensure that each Council member has the opportunity to
speak on each issue before the Council. Councilors must ask the presiding officer to be recognized. Unless
otherwise permitted by the presiding officer, no member may speak more than once on an issue and may do
so only after every other member has spoken on or declined to address the issue. Time limits may be set on
topics by the presiding officer or by a consensus of the Council. Council members, as well as members of the
public speaking on Council agenda items, shall confine their remarks to the question under deliberation, avoid
redundancy, speak only for themselves, and make no negative personal remarks or comments about the
motives or personal traits of others.
3. Decorum. The presiding officer shall be responsible for ensuring order and decorum are maintained.
Except by permission of the presiding officer, a Councilor shall address any remarks to the Council, and not to
the audience. Any person's failure to abide by the presiding officer's instructions constitutes "disruption of a
lawful assembly" as provided in ORS 166.025(1)(c) and may be cause for the presiding officer, or a majority of
the Councilors, to direct a City official to remove the person from a Council meeting. Disruptive behavior
includes engaging in violent, intimidating or distracting actions or gestures, making loud or disruptive noise,
using loud or disruptive profane language, making negative personal remarks or comments about the motives
or personal traits of others, and refusing to obey an order of the presiding officer. Signs are not permitted and
will be considered disruptive. A direction or order of the presiding officer may be challenged by a point of
order as set forth in subsection C.4.b(1) of this section.
4. Motions and Permissible Intervening Actions.
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code Page 2 of 5
a. Councilor Actions during Debate. No motion or intervening action shall be received or recognized by
the presiding officer when a question is under debate, except for the ten secondary motions and
intervening actions listed below. The disposition of any motion or action listed below must occur before
consideration of any other action lower on the list.
(1) Point of order, request for information, or objection to consideration of a matter;
(2) Motion to adjourn;
(3) Withdrawal of a motion;
(4) Motion to lay the matter on the table;
(5) Motion to divide a motion under debate;
(6) Motion to refer;
(7) Motion to call for the previous question;
(8) Motion to postpone to a certain time;
(9) Motion to postpone indefinitely;
(10) Motion to amend.
b. Permissible Intervening Actions While a Speaker Has the Floor.
(1) Point of Order. Any member may interrupt a speaker who has the floor to raise a point of order if
meeting protocol appears to have been broken. The point of order must be addressed to the
presiding officer and may not be addressed directly to the speaker. The speaker must immediately
cease speaking, and the issue identified in the point of order must be resolved before business
continues. No second is required, and no debate is allowed on the point of order. The presiding
officer may seek clarification on the point of order from its maker, from the speaker who had the
floor when it was made, or from the Parliamentarian. Before proceeding further, the presiding officer
must sustain or overrule the point of order or submit it to Council decision by majority vote with no
debate. A member who disagrees with the presiding officer's decision to sustain or overrule a point of
order may move immediately following a ruling by the presiding officer to overturn it. The motion to
overturn a ruling on a point of order may not be debated, and the presiding officer may not vote on
it. Approval of the motion requires a majority of affirmative votes; the motion fails in the event of a tie
vote.
(2) Request for Information. Any member may interrupt a speaker who has the floor to seek
permission to make a request for information from the speaker or from staff or invitees with
expertise on the subject under discussion. The request must be addressed to the presiding officer
and may not be addressed directly to the speaker. The speaker must discontinue speaking until the
request for information has been denied or satisfied. No second is required, and no colloquy is
allowed on the request for information, except to the extent specifically set forth herein. The
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code Page 3 of 5
information sought must concern either the subject under discussion or meeting procedure rules.
The presiding officer may ask the requestor for a statement of the nature of the information sought.
Neither a request for information nor a statement of the nature of the information sought may
contain statements of fact unless they are necessary to make the request intelligible and must not
contain arguments. Upon inquiry from the presiding officer, the person who had the floor when the
request for information was made has sole discretion whether to temporarily relinquish the floor to
allow the requested information to be provided. An objection to apparently superfluous requests for
information may be made through a point of order.
(3) Objection to Consideration of a Matter. A member who contends a matter about to be discussed is
irrelevant or for any other reason not advisable to consider, may object to consideration of the
matter. The objection may be made before or after another member has been assigned the floor, but
only if debate has not yet begun and none of the motions in subsection C.4.a of this section has been
made. An objection to consideration of a matter does not require a second and is not debatable or
amendable. Immediately after the objection is made, a vote on sustaining the objection must be
taken. The objection fails unless at least two-thirds of the Councilors present vote to sustain it.
c. Main Motion. A main motion is a proposed action that brings business before the Council when no
other motion is pending. The actions listed in subsection C.4.a of this section may be undertaken while
the main motion is pending, and, if passed, may affect the Council's consideration of the main motion. A
main motion requires a second, is amendable and debatable, and passes upon a majority vote in favor.
d. Adjourn. A successful motion to adjourn terminates a meeting and transfers the remaining unfinished
business to the agenda of the next regular meeting or study session. It requires a second, is not
debatable or amendable, and passes upon a majority vote in favor.
e. Withdrawal. A motion maybe withdrawn by the mover at anytime before an amendment is made to
it or, if no amendment is made, before a vote is taken on it. Withdrawal of a motion does not require a
second, and debate of a proffered withdrawal is not allowed.
f. Motion to Lay a Matter on the Table. A motion to lay a matter on the table is a proposal to suspend
consideration of a main motion and all pending related motions until later in the same meeting in order
to deal with another matter that has come up unexpectedly and which must be dealt with before the
pending motion can be properly addressed. A motion to lay a matter on the table requires a second, is
not amendable or debatable, and passes upon a majority vote. Before the meeting adjourns, a
subsequent nonamendable, nondebatable motion may take the matter from the table if seconded and
passed by a majority vote in favor. If the meeting adjourns without considering the tabled item, it will be
continued to the next regular meeting or study session in accordance with AMC 2.04.030.E.
g. Division of a Motion. Any member may move to split a motion under consideration into two or more
independent motions that are taken up in sequence. Each new motion is debated, possibly subjected to
secondary motions, and voted upon before taking up the next part. The mover may designate in the
motion the order in which the parts are considered. The motion requires a second, is amendable, is not
debatable, and passes upon a majority vote in favor.
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code Page 4 of 5
h. Referral. A motion to refer is a proposal to refer a matter to a subcommittee or another body for
further study and possible recommendations to the Council. The motion requires a second, is debatable
and amendable, and passes upon a majority vote in favor. Any proposed amendments to a main motion
on the referred matter that are pending at the time are also referred.
i. Previous Question. A motion to call the previous question is a proposal to end debate on a pending
motion. It precludes all amendments and debate on the pending motion until it is decided. The motion to
call the previous question is not debatable or amendable and requires a second and a two-thirds vote in
favor.
j. Postpone to a Certain Time. This motion is a proposal to postpone a matter to a particular future
meeting, requires a second, is debatable and amendable, and passes upon a majority vote in favor. One
function of this motion can be to continue consideration of an agenda item at a designated subsequent
meeting.
k. Postpone Indefinitely. A successful motion to postpone a matter indefinitely prevents action on the
matter for the rest of the meeting. It must be seconded, may be debated, may not be amended, and
passes upon a majority vote in favor. The debate may address the substance of the main motion. A
successful motion to postpone a matter indefinitely does not preclude consideration of the matter at a
subsequent meeting if it is properly added to the respective agenda.
I. Amendment. Any main motion and any amendment to a main motion may be amended to add or
omit words. A proposed amendment must be germane, must be seconded, and is debatable if the motion
to be amended is debatable. The amendment passes upon a majority vote in favor. Other amendments
may also be proposed; provided, that they do not nullify the amendments already passed or attempt to
amend a motion to amend a motion to amend.
S. Restatement of Motion. Before a vote is taken on a motion, it must be restated by the presiding officer or
the City Recorder.
6. Voting.
a. When a question or motion is put to a vote by the presiding officer, each Councilor present must vote
for or against the motion unless a majority of the Council excuses that Councilor from so doing. Unless
excused from voting, a Councilor who is present and does not vote for or against the motion shall be
counted as having cast a negative vote. The Mayor can only vote in the case of a tie, and then is required
to vote unless excused from voting by a majority of the Councilors present. If the Mayor fails to vote when
required to do, the Mayor shall be counted as having cast a vote against the motion.
b. A simple majority of the quorum present determines the action on ordinance or resolution and on
most motions. On questions required by City Charter, City ordinances, or applicable provisions of Robert's
Rules of Order Newly Revised to be decided by a two-thirds vote of the Council, approval requires an
affirmative vote of at least four (4) Councilors.
7. Reconsideration. A member who voted in favor of any Council action may move for reconsideration before
adjournment of the meeting at which the action was approved or at the next regular meeting, unless the item
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.040 Conduct of Meetings I Ashland Municipal Code
Page 5 of 5
already has been approved or vetoed by the Mayor pursuant to Article IV, Section 3 of the City Charter. The
motion must be seconded, is debatable if the action under reconsideration is debatable, is not amendable,
and passes upon a majority vote in favor. Any member may second a motion for reconsideration. A motion to
reconsider a Council action may be made only once. A vetoed item may not be the subject of a motion for
reconsideration. (Ord. 3192 § 4, amended, 11/17/2020; Ord. 3100, amended, 2014; Ord. 2947, amended, 12/
18/2007; Ord. 2902, amended, 11/18/2003)
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
Disclaimer: The City Recorder's office has the official version of the Ashland Municipal Code. Users should contact
the City Recorder's office for ordinances passed subsequent to the ordinance cited above.
City Telephone:
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
2.04.080 Conduct with City Employees I Ashland Municipal Code
2.04.080 Conduct with City Employees
The City Council will work with City staff in a spirit of teamwork and mutual cooperation.
Page 1 of 1
A. Councilors may make inquiries of staff to increase their understanding of an issue or action. Councilors should
limit requests for information from staff to questions that may be answered with minimal research. Requests that
require significant staff time or resources (two hours or more) should be directed to the City Manager and must be
approved by the Mayor, City Manager, City Attorney or by a majority vote of the City Council.
B. Written information given by the Mayor, Councilors, City Manager, City Attorney, or City staff, including
materials requested by individual Councilors and the Mayor, generally will be distributed to all Councilors with a
notation indicating who has requested that the information be provided.
C. Individual Councilors should respect the separation between policy -making and administration. Councilors
shall not pressure or direct City employees in a way that could contravene the will of the Council as a whole or
limits the options of the Council. Councilors must not interfere with work performance, undermine the authority
of supervisors, or prevent the full Council from having access to relevant information. Notwithstanding this
paragraph, nothing shall hamper the Council's ability to evaluate the performance of the City Manager or the City
Attorney.
D. The Mayor and Council members should strive not to criticize any person in a public meeting or in public
electronic mail messages. The same expectation applies to City staff in the exercise of their official duties.
Discussions and disagreements should focus on the content of the topic at hand. Nothing should limit a Councilor
or staff person's right to report wrongdoing.
E. Councilors with a concern about the performance of a particular staff person should express that concern to
the Mayor, City Manager, or City Attorney. (Ord. 3192 § 6, amended, 11 /17/2020; Ord. 3100, amended, 2014; Ord.
2947, amended, 12/18/2007)
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
Disclaimer: The City Recorder's office has the official version of the Ashland Municipal Code. Users should contact
the City Recorder's office for ordinances passed subsequent to the ordinance cited above.
The Ashland Municipal Code is current through Ordinance 3203, passed November 2, 2021.
Council Business Meeting
January 17, 2023
Agenda Item
City of Ashland Communications
From
Sabrina Cotta
Deputy City Manager
Dorinda Cottle
Communications Officer
Contact
Sabrinaxottagashland.or.us 541-552-2106
SUMMARY
The City has been without a fulltime general communications person since September 2017. The City
has a Communications Plan that was developed in 2010 and needs revitalization.
Until recently, the Parks and Recreation Department has been the only City department with a dedicated
communications FTE staff person. As of August 2022, Parks & Recreation and City Management share
the one (1) FTE, approximately 50150. The position is supervised by Parks and Recreation with work
also assigned as needed by City Manager's Office. The FTE is funded by the General Fund and monies
from TOT (Transient Occupancy Tax).
BACKGROUND AND ADDITIONAL INFORMATION
Current Communication Status
City communications is provided as follows using the below listed types and modes of communication:
• Parks & Recreation information is provided to the public on a scheduled or regular recurring basis
per seasonal recreation programs or parks activity basis
• General City information is provided to the public on a response need or on -demand basis
• Communication funding may also be located in line items of department's operating budgets for
items such as planning notices, public meeting notices, etc. that are department specific
communications
Types of Communication
o News releases
o Social media posts
o Monitoring and responding to the City's new Q & A feature, "Let Curiosity Be Your Guide"
o Website updates to offer general and clear communication
Modes of Communication
o City Website
o Social Media (Facebook and Twitter)
o Local Media
o Signage
o Email (internal and external)
Page 1 of 3
CITY OF
AS H LA N D
General Communication Accomplishments
The following has been accomplished since August 2022:
• Vision & Values adopted by Council in summer 2022 — Signage for the new Vision & Values
developed and posted in City workplaces and public access points. The Vision and Values
statements are posted on the City website and have been posted on the City social media platforms,
Facebook and Twitter
• In celebration of the newly adopted Vision & Values statements, the City is revitalizing its brand and
creating a VALUE brand for the City of Ashland that includes refreshed logo variations, new color
scheme, new fonts and a new tagline, "Better Together!" The new look is unified with the Ashland
Chamber of Commerce and Travel Ashland and highlights the partnership between the entities and
recognizes that the City is "Better Together." The new tagline signifies how we can work and play
together, engage, listen and strengthen relationships and partnerships
• "Let Curiosity Be Your Guide," new Q & A feature on the City website
• Procured nearly 50 iconic Ashland photos to be used in communications, the new City website and
in OpenGov to help tell our story (OpenGov is an online platform that allows the City to share
budget data effectively with transparency and accountability)
• Development of community partnerships and collaboration with organizations like the Ashland
Chamber of Commerce and Travel Ashland
• Issued news releases on demand or as requested by City Management
RECOMMENDATIONS & PRIORITIES
The potential to do more for general City Communications, externally and internally, is strong and
exceeds 1.0 FTE. Opportunities to engage with the public and staff are not being taken advantage of due
to time constraints. Potential communication workplan items include the following:
CITY PRIORITIES AND BUSINESS UPDATES
• Use social media, City website and other modes of communication to inform/update the
community on City policy and budget topics
• Investigate Strategic Initiatives on the OpenGov information/budget transparency tool —
Community priorities/goals can be highlighted in OpenGov and tagged to"a budget line item.
This allows the City to report on the priorities later. For example, if a priority/goal is `safer
streets in Ashland,' we could highlight, and tag, the purchase of a K-9 unit, or body cameras
• Assist, in general, to tell the City's story on OpenGov with inviting text and pictures
• Develop surveys/polls as needed on OpenGov via their platform Community Engage
• Draft a social media policy recommendation for consideration by the City Council
• Internally create a monthly communications report that will culminate into an annual
communications report
• Internally create and maintain a Strategic Communications & Marketing Plan for the City
COMMUNITY CONNECTIONS
• Revive the City Newsletter for City website posting and/or to incorporate into the City Utility
bill (include information about the City budget in newsletter)
• Develop new City website
• Increase engagement on social media, and set up an Instagram account for the City, and consider
NextDoor
Page 2 of 3
C I T Y O F
-A5 H LA N D
Reinstate Team Ashland to inform the community on City services and promote volunteer
opportunities
ECONOMY & TOURISM
• Link City and community activity information with Travel Ashland and other community partner
websites/social media to promote a consistent community brand/message
• Create a City Calendar for Ashland and community partners. The goal is to let citizens and
tourists know what there is to do in Ashland real-time
Work to develop Ashland as not only a destination, but a basecamp to take in all that there is to
do in Southern Oregon
EMERGENCY MANAGEMENT
• Help develop an updated Emergency Management Plan to anticipate potential risks and prepare
for expedient and accurate communications during a crisis. The plan would assure timely,
coordinated and consistent communication with Ashland households, businesses, public
organizations and visitors
• Engage in emergency operations trainings for crisis communications
EMPLOYEE RELATIONS
• Develop a City Communication Guide for internal organization/employee use to ensure brand
use consistency and recommend training or guidance where needed
• Use news releases, City website, social media and a revived City Newsletter to promote
community awareness of City services, recognize the work of staff and build community pride.
Examples include:
o Chris Chambers' trip to Spain to teach about fuels reduction
o The Fire Mitigation Plan set for the City Electric Department
o Stories honoring/recognizing those who serve on Committees/Commissions
The Communications person is currently working as time allows on developing the internal City
Communication Guide that will outline design and brand guidelines for the City. The timeline is to have
this in place the first quarter of 2023. The goal is to ensure brand consistency.
The above workplan items could be undertaken with one (1) Communications FTE for the City, in
addition to a limited contracted marketing consultant, to also assure current department marketing
efforts maintained. If communication resources are increased in the next biennium, a Strategic
Communications & Marketing Plan will be developed. The plan will connect and promote Council
priorities/goals with the Citizens of Ashland, support the City's Vision & Values and increase awareness
about City services by providing modes of regular, clear and transparent communication. In addition,
the plan will provide internal communication strategies with staff and create a culture that is supportive
and inclusive. The plan will strive to continue to cultivate relationships with stakeholders and encourage
two-way communication.
Page 3 of 3
C I T Y O F
ASH LAN D
Council Business Meeting
January 17, 2023
Agenda Item City Council Compensation Discussion
From Doug McGeary Acting City Attorney
Melissa Huhtala I Citv Recorder
Contact Doug.mcgeary(cDashland.or.us, 541-488-5350
Melissa. huhtala(ci_)ashland.or.us, 541-5222084
SUMMARY
This is a discussion item on the Mayor and City Councilors' compensation from the City of Ashland.
Under the current language of the Ashland City Charter, the Mayor and City Councilors annually receiver
$500 and $350 compensation respectively for their work on behalf of the citizens of Ashland. These annual
compensation amounts were set by amendment to the City Charter in 1954 and were increased from the
original annual compensation amounts adopted by public vote in 1917 of $100 and $75 respectively. Under
the current language of the City Charter adopted by public vote in 1970, a change to the Mayor and City
Councilors compensation "shall be submitted to the vote of the people" of Ashland.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
The City Council may wish to propose a public vote to change their compensation. The remaining 2023 dates
for a public vote on compensation are May 16th, August 22°a and November 7th (see attached Secretary of
State Elections Division — 2023 Local Elections Calendar, Measures section).
To meet the May 16th election date, the City must commit to funding a special election in Ashland before
February 4th. The City Recorder is in contact with the Jackson County requesting a current cost estimate for
an Ashland election. To include an item on a May 16th ballot, the City must submit ballot language
(including caption, question and summary language) to the Jackson County Clerk before February 15th (see
attached Jackson County, May 16, 2023 — Special Election, Important Special Election Dates). The ballot
language must be reviewed and approved by the City Attorney prior to its submittal. Finally, voters'
pamphlet measure arguments for a May 16th election are due to the Jackson County Clerk by March 20th.
FISCAL IMPACTS
There is no fiscal impact from this discussion item. Subsequent City Council action may have fiscal impact
that will be identified at that time.
BACKGROUND AND ADDITIONAL INFORMATION
Under Oregon's constitution, elected official cannot hold more than one lucrative public position at the same
time. A lucrative office is defined by salary or other compensation beyond expenses. Also, under the state's
ethics rules, elected officials may not vote to increase their own compensation; votes to increase
compensation may only apply to subsequent election holders of the voting individual's position. A League
of Oregon Cities survey on elected officials' compensation indicates salary or stipend compensation is
usually provided at either a flat annual, monthly or per meeting amount.
W
Page 1 of 2
CITY OF
ASH LAN D
EFERENCES & ATTACHMENTS
Secretary of State Elections Division — 2023 Local Elections Calendar
Jackson County, May 16, 2023 — Special Election, Important Special Election Dates
Page 2 of 2
C I T Y O F
-ASHLAND
Secretary of State Elections Division
2023 Local Elections Calendar rev. 11/22/2022
OConduct of Elections March 14 May 16 August 22 November 7
Last day to mail ballots to military/overseas voters
First day to mail ballots to out of state voters
Last day to register to vote
First day to mail ballots
Last day to mail ballots to voters without
daily mail service
Last day to mail ballots
Last day required to mail absentee/replacement ballots
January 28
April 1
July 8
September 23
February 13
April 17
July 24
October 9
February 21
April 25
August 1
October 17
February 22
April 26
August 2
October 18
February 24
April 28
August 4
October 20
February 28
May 2
August 8
October 24
March 9
May 11
August 17
November 2
ODistrict Candidates March 14 May 16 August 22 November 7
Last Day for County Elections Official to Publish
4 notice of district board election (ORS 255.075) December 3 February 4 May 13 July 29
Last Day to file with Local Elections Official
4 verified signatures or $10 filing fee (ORS 255.235) January 12 March 16 June 22 September 7
4 a statement for inclusion in county voters' pamphlet January 17 March 20 June 26 September 11
OCounty and City Candidates: Deadlines applicable to county and city office are not included on this calendar. Candidates for those
offices, unless otherwise provided for by charter or ordinance, are elected at the primary or general election. If a county or city
charter provides for candidates to be elected at an election other than the primary or general election but does not specify a
deadline or adopts the statutory filing deadline, ORS 249.722 applies.
ODistrict Candidates: The enabling statutes, or principal act, of a district specifies how board members are elected. Most districts,
as defined in ORS 255.012, elect board members at the regular district election which is held in May of odd numbered years or at
the Primary or General Election. As provided for in ORS 255.235(2)(a), the March and September deadlines included above are
only applicable if the election is a district's first election to elect board member and are not included in the daily calendar.
OMeasures March 14 May 16 August 22 November 7
Last Day for County, City or District Governing Body to File with Local Elections Official
4 ballot title for publication of notice December 23 February 24 June 2 August 18
or
referral text for drafting of ballot title
Last Day for Local Governing Body to File with County Elections Official
Form SEL 801 Notice of Measure Election - County January 12 March 16 June 22 September 7
aForm may only be filed upon completion of the ballot title challenge process.
Form SEL 802 Notice of Measure Election - City January 12 March 16 June 22 September 7
aForm may only be filed upon completion of the ballot title challenge process.
4 Form SEL 803 Notice of Measure Election — District January 12 March 16 June 22 September 7
aForm may not be filed until after the deadline for the immediately preceding election has passed and only upon completion
of the ballot title challenge process.
Last Day to File with County Elections.Official
--> arguments for inclusion in county voters' pamphlet January 17 March 20 June 26 September 11
Jackson County, Oregon
May 16, 2023 - Special Election
Important Special Election Dates
May 16, 2023 Special Election
Author: Trisha Myers, Elections Program Manager, Thursday, December 29, 2022
Categories: Election News Special Elections
• January 25, 2023 - County ballot title filing deadline (SEL 805)
• January 31, 2023 - District board member update form due
• February 3, 2023 - List of open board positions posted online
• February 4, 2023 - Last day to publish notice of election and open board positions
• February 4, 2023 - Candidate filing begins
• February 15, 2023 - County measure filing deadline (SEL 801)
• February 24, 2023 - City/District ballot title filing deadline (SEL 805)
• March 16, 2023 - City/District measure filing deadline (City-SEL 802 & Districts-SEL 803)
• March 16, 2023 - Candidate filing/withdrawal deadline
• March 20, 2023 - Voters' pamphlet filing deadline (candidate statements & measure arguments)
• March 31, 2023 - Military & overseas ballots mailed
• April 17, 2023 - Out of state ballots mailed
• April 17, 2023 - Voters' pamphlet mailed
• April 25, 2023 - Voter registration deadline
• April 28, 2023 - Ballots mailed to voters
• May 16, 2023 - Election Day
• June 6, 2023 - Last day to resolve challenged ballots
• June 12, 2023 - Last day to certify election
• June 30, 2023 - Last day for districts to determine result of election